Friday, Feb. 28, 2003 | 11:23 a.m.
Convicted murderer Timmy J. Weber will be put to death for the torture and murder of 15-year-old Anthony Gautier -- but he could live a long life in prison before the sentence is actually carried out, prosecutors said Thursday.
Jurors announced the death sentence Thursday after deliberating in the penalty phase of Weber's trial for about two days.
Weber was also sentenced to life in prison without the possibility of parole for the murder of Anthony Gautier's mother, Kim Gautier, 38.
His formal sentencing is scheduled for May 1 before District Judge Joseph Bonaventure.
When asked if the death sentence will actually be carried out, Chief Deputy District Attorney Chris Lalli said it was too soon to tell.
"That question won't come into play for years and years down the road," he said. "It's a long, drawn-out process. There's no telling when it will happen."
There are currently 90 people on death row in Nevada who are still in the appeals process, Lalli said.
"The state has not executed a lot of people who have not gone to the death chamber willingly," he said.
Weber, 29, will be placed on death row and given an execution date.
But the execution will be immediately stayed until defense attorneys file a lengthy series of appeals, which are automatic in capital cases in Nevada, Lalli said.
Defense attorneys said they will first file an appeal with the Nevada Supreme Court. If that appeal is rejected, they will file a second appeal to the U.S. Supreme Court.
"We don't think the state of Nevada should be in the business of killing its own citizens," Deputy Public Defender Joseph Abood said.
Weber could have a good chance of getting his sentence overturned, said Chris Adams of the National Association of Criminal Defense Lawyers' death penalty council.
About two-thirds of all death sentences are reversed, he said.
"When the decision of whether you live or die is determined by human beings, there's bound to be human error," Adams said.
Weber, who had come under criticism for showing little emotion during the trial, appeared nervous as the verdicts were read before a packed courtroom Thursday.
Weber's aunt, Linda Bailey, and his cousin, Nancy Roberts, cried when the death verdict was read. They declined to comment afterward.
Gautier's sister, Brenda Hicks, who had maintained she would have been satisfied with a life sentence, said the death verdict was in no way a victory.
"I would never be happy to see someone die for what they've done," she said. "But I'm satisfied that it was a fair trial. The criminal process was served."
Hicks said she would not attend Weber's execution.
Chief Deputy District Attorney Robert Daskas said the manner in which the victims were killed was more "heinous" than any cases he had ever prosecuted.
"It's always awkward as prosecutors to get the death penalty," he said. "Was it the right sentence? Definitely. But it's an incredibly emotional experience."
Jurors had earlier this week convicted Weber on all 17 felony counts in the case, which also included attempted murder, robbery and kidnapping charges in the April 4, 2002, slayings.
Weber was also convicted of sexually assaulting Kim Gautier's 14-year-old daughter on the day of the attacks.
But speculation of a possible deadlock arose Wednesday, when jurors sent three notes to Bonaventure during deliberations.
The notes asked Bonaventure what would happen to Weber if jurors sentenced him to life in prison for Kim Gautier's murder and to death for Anthony Gautier's murder.
Jurors also could have sentenced Weber to life in prison with the possibility of parole after 40 years.
Jury foreman Jim Harris was tight-lipped regarding the reasons the jury of eight women and four men chose death.
Harris also would not comment on what aspects of the boy's death influenced their decision.
"That was just a question we wanted answered," he said.
Anthony Gautier was found lying face down on a mattress with his arms duct-taped behind his back. Two dumbbell weights were on his back holding him down, a plastic bag was on his head, which was wrapped in duct tape, and a T-shirt had been stuffed in his mouth. Forensic experts said he had died slowly and painfully.
The other jurors refused to comment on the decision.
Prosecutors had argued that Bonaventure should not supplement the jury instructions, as the instructions stated jurors should assume that sentencing Weber to death meant the sentence would be carried out.
Defense attorneys claimed the instructions weren't specific enough. They said Bonaventure should have reiterated to jurors that Weber would be put to death regardless of the life sentence.
Attorneys from both sides met with jurors after the verdict, but declined to comment on their discussions.
Adams said while he had never heard of a case in which the defendant was sentenced to both life in prison and death, it is not unheard of.
"The sentence of death is random," he said. "It just shows that our system is flawed. We often get bizarre results."
Harris called the trial an "intense" experience, saying jurors found the autopsy photos and the child pornography found on Weber's computer especially difficult to view.
"It was overwhelming," he said. "It was very emotional. At times we had emotion and we waited until we got to the back room."
He said the high-profile nature of the case did not influence the jurors' decision or the time they took to deliberate.
During the two-week trial, prosecutors described Weber as a cold-hearted killer whose crime spree was motivated by his obsession with Gautier's teen daughter, whom he had been molesting since she was 9.
Weber was already an eight-time felon at the time of the murders.
Still, it appears jurors felt some sympathy for Weber.
On the verdict form, they added Weber's display of emotion during the penalty phase to defense attorneys' list of mitigating factors.
Daskas said he was not surprised by what was an isolated display of emotion.
"He only showed emotion when his family testified," he said. "He feels sorry for himself. That speaks volumes for Mr. Weber."
Other mitigating factors jurors added included the fact that Weber did not resist arrest, his lack of financial stability and the fact that the state's witnesses did not ask for the death penalty.
Hicks said the sentence will help the Gautier family begin the healing process, after nearly a year of heartache.
"It's been an emotional roller coaster," she said. "It has seemed almost surreal at times. But this is closure. And it's time."
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