21-4624 provides certain notice requirements before a mandatory term of imprisonment of 40 years can be imposed following a conviction for first-degree murder. Many of these issues are moot because of our decision on the first issue. Peckham received a hard-40 sentence for first-degree murder and a consecutive 15 years to life sentence for aggravated robbery. The jury recommended imposition of the hard-40 sentence. Peckham was convicted of first-degree murder and aggravated robbery. 38 caliber revolver was recovered where Furthmyer and Peckham had buried it. Peckham also asked Furthmyer to help him melt down a gun, but Furthmyer and Peckham buried the gun instead. *314 Several days later, Peckham enlisted Mike Furthmyer to help him dig a grave, and they did dig a hole under a bale of hay. He took a gun with him, and when he returned he told her, "It's a good thing I checked, because the dude wasn't dead, I had to shoot him a couple more times in the head." That evening Peckham also stopped by his son's house between 8:30 and 9:00 and asked his son to make note of the time he was there and to possibly extend the time by 30 minutes, either earlier or later. Clem drove out to the field with Peckham, and he had her drive around while he went back into the field. He told her that a smaller caliber weapon, such as a.22, would not have killed the victim because he tried to run away. That evening, at 8:30 or 8:45, Peckham told Clem that he had committed the murder, and he showed her some. He recalled that there were two shots in quick succession and two more shots after brief pauses. On the evening of March 2, 1992, Cal Cofer, who lived behind the field where Hernandez' body later was discovered, heard what sounded like gunshots shortly after dark. Neither the money and wallet nor the gun were recovered, but McBroom's car was recovered on the morning of March 4, 1992. On the evening of March 2, 1992, Hernandez borrowed a car from Margaret McBroom and a gun from Robert Cochran. Hernandez had several hundred dollars with him that day. ![]() Hernandez had told his roommate and his girlfriend that he had met a man matching Peckham's description who had asked him to help "rip off a rip-off," or rob a drug dealer in exchange for money and drugs. On March 2, 1992, Peckham carried out the first part of his plan, the murder of Roy Hernandez. He asked Roberts to help him make a silencer for a weapon. He also asked her for names of some possible victims for the second murder. 22 caliber weapon for him, which she did. He planned to commit two murders, frame the second victim for the murder of the first victim, and enlist Clem to provide information to law enforcement officials concerning the first murder in order to seek favorable treatment for both Clem and Peckham on pending charges. He told his son, Larry Peckham, Jr., his roommate, Robbie Clem, and a friend, Chris Roberts, about a plan he had devised in order to have bargaining power concerning his drug charges. The gunshot wounds were inflicted on two occasions separated by a period of time.ĭefendant had pending drug charges in Sedgwick County for which he had unsuccessfully attempted to negotiate favorable *313 treatment by offering to provide information to law enforcement officials. ![]() 22 caliber weapon and three times on the right side of the head with a. He had been shot five times in the head, twice in the forehead with a. The body of Raul "Roy" Hernandez was discovered in a field at 53rd and Greenwich Road in Wichita, Kansas, on March 6, 1992. Peckham, Sr., from his convictions of first-degree murder and aggravated robbery and from the "hard-40" sentence imposed. ![]() This is a direct appeal by defendant Larry D. The opinion of the court was delivered by Stephan, attorney general, were with her on the brief for appellee. ![]() Byrd, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. According to a report by, a proper Orthodox Jewish conversion rites have been performed to allow his wife and children to remain there.Kiehl Rathbun, of Wichita, argued the cause and was on the brief for appellant.ĭebra S. The revelation of Floyd’s true identity shocked the large Lithuanian Jewish community in Lakewood, where he lived with his wife and children, who continue to remain there. “This prosecution focuses on the federal crime that occurred in Kansas and not any other matters in which Mr. Floyd was living in an Hasidic community in New Jersey and using the stolen identity,” said U.S. On the application, he used the name and Social Security number of Nathaniel James Levi, who is a deceased veteran of the United States Navy.įloyd received the passport and used it to help him assume Levi’s identity for fraudulent purposes. In his plea, Floyd admitted that on March 28, 2002, he submitted an application for a U.S.
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