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« Smoke-shop case: Jury waits while judge, lawyers talk | Today | Convicted killer Alfred Bishop loses his lawyer » April 3, 2008R.I. Supreme Court upholds stomping-murder convictionPROVIDENCE -- The state Supreme Court has upheld the first-degree murder conviction of Manuel Texieira for his role in the 2003 stomping death of Edgar Ortega outside a Providence club. Texieira is serving mandatory life imprisonment after a Superior Court jury found him guilty on Feb. 16, 2006. His appeal to the Supreme Court contended that the trial judge erred in several ways, including by denying Texieira's motions that he be acquitted and his motion for a new trial. Read the state Supreme Court's opinion. A fight broke out between two strangers in the early morning of Aug. 31, 2003, outside The Keg Room. Friends of both men joined in and the fight ended with Ortega beaten and kicked to death, the court opinion states. Later, as the club was closing at about 2 a.m., Ortega started arguing with Chattelle and two bouncers tried to separate them. The bouncers "physically ushered" Ortega out of the club and had several other patrons leave it as well, through a back entrance. Ortega -- described in the court opinion as over six feet tall and weighing more than 300 pounds, compared to Chattelle weighing about 180 pounds -- and his friends met up outside and he warned them that they should “watch out because there might be [a fight].” Ortega saw Chattelle and they fought on a sidewalk in front of the club entrance. Ortega’s friend Victor Alonzo, tried to break it up, but Ortega would not withdraw. A large crowd surrounded the fight. the crowd got rowdier, yelling at the two fighting. Another man, supporting Chattelle, further instigated the fight, which turned into a melee pitting friends of both men on each side, the court opinion says. Ortega was eventually on the ground, where he was hit and kicked in the abdominal area and the face by various people involved in the melee. He was hit in the head by a thrown bottle and, eventually, hit various ways again in or near the street. A witness testified that he saw Texieira run about three to four steps, then kick Ortega in the face, according to the court opinion. The witness said the noise was jarring and sounded “like [Mr. Ortega’s] face broke.” Ortega’s head went back, his hands came off the ground, he collapsed on the ground and didn't move any more. The police found Mr. Ortega unconscious. He was taken by ambulance to a hospital, where he was pronounced dead a short time later. Posted by Mike McKinney Commentsrobyn | April 3, 2008 6:56 PM link If Mr. Ortega had listen to his friend, who tried to break up the fight, he might still be alive. But he didn't, and he is not. As for Mr. Texiera, he hit a man who was down with a shod foot. This does not seem to be in dispute. The threat of harm from a man who is down, without a weapon, is muted. Thus at the moment of attack, Mr. Texiera's actions were not defensive; they were meant to inflict serious harm to Mr. Ortega. Did the blow kill Mr. Ortega? I am not sure this could ever be proven conclusively, but the attack was so vicious that death was certainly a posibility. In any fight emotions run wild, but we have to take responsibility for actions whether they stem from emotion or reason. The court got it right. Michael | April 3, 2008 8:23 PM link Listen, this MURDER took place in front of my friends front bumper!! I called the police but they said they had more than enough evidence and witnesses. I saw the man jump in the air and stomp the guy's head as he was down on the ground. The absolute glee on his face as he came down is something you don't forget. The image that is forever ingrained in my head is that of his girl cradling him in her lap, trying to revive him. As far as I am concerned, life is not enough. May God have mercy on his soul come judgment day. C Q | April 4, 2008 1:25 AM link Post a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006
This article is bias and does not include an important fact: "Doctor Latuszynski testified that the external and internal injuries to Mr. Ortega’s head which she observed were consistent with a blunt force trauma that could have been caused by punching and kicking. Although she was certain that Mr. Ortega’s death was caused by the
cerebral edema and subarachnoid hemorrhage, she could not tell whether the damage to Mr.
Ortega’s head was inflicted by one strong blow or was the cumulative effect of many blows; she
also could not state decisively which blow in particular, if any, was the lethal blow to the head."
The physician was clearly uncertain as to what caused his death. A life sentence should not be determined by witnesses and professionals that are UNCERTAIN.