Calambro v. State

900 P.2d 340, 111 Nev. 1015, 1995 Nev. LEXIS 92
CourtNevada Supreme Court
DecidedJuly 28, 1995
DocketNo. 26939
StatusPublished
Cited by5 cases

This text of 900 P.2d 340 (Calambro v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Calambro v. State, 900 P.2d 340, 111 Nev. 1015, 1995 Nev. LEXIS 92 (Neb. 1995).

Opinion

[1016]*1016OPINION

Per Curiam:

This is an appeal from a judgment of conviction, pursuant to a guilty plea, of one count of first degree murder and a sentence of death.

On January 4, 1994, the bodies of two U-Haul employees, Peggy Crawford and Keith Christopher, were found at a U-Haul store in Reno. They were hogtied and gagged. Christopher’s head had been crushed by a ballpeen hammer. Crawford’s skull had been impaled with a crowbar/tireiron. $2,400 was missing from the store. Police started to look for Due Cong Hunyh (Due) because he had been fired from that U-Haul store following an altercation with Crawford. The police went to the house where Due lived with appellant, appellant’s sister Maria Calambro (Maria), and Binh Hunyh (Binh). Maria was Due’s “common-law” wife, and Binh was their four-year old son.1 The police spoke to appellant while Due hid underneath the house.

On January 14, 1994, appellant and Due robbed a gun store at gunpoint, taking two guns with silencers and a laser sight. In the early morning of January 16, 1994, appellant and Due approached Michael McKeen, an employee of the Sacramento Bee, who was filling a newspaper machine. Appellant and Due forced McKeen into the back of McKeen’s pickup truck at gunpoint. Appellant and Due threatened to kill McKeen, took $180 [1017]*1017from his wallet, and made him withdraw $300 from an ATM machine. Appellant and Due showed McKeen how the silencer worked by shooting a post; they also showed him how the laser sight made a red dot on his body. Appellant and Due held McKeen for over eight hours before releasing him in a grape field in Kern County, California. They shook McKeen’s hand, told him it was nothing personal, and drove away in his truck.

Within two hours of releasing McKeen, a police officer observed McKeen’s truck on Interstate 5 in Kern County. Due was driving and appellant was in the passenger seat. After backup arrived, the police officer attempted to stop the truck, but the truck refused to yield. A long, high-speed pursuit ensued. Appellant shot at least thirty rounds at pursuing police officers. Four police vehicles were struck. Appellant shot at a gas tanker truck. Appellant shot at and struck a civilian’s car. The chase ended in downtown Los Angeles when McKeen’s truck collided with a civilian’s vehicle. Thereafter, appellant and Due exchanged more gunfire with police officers before fleeing into the Hall of Records building. Inside, they again shot at pursuing officers. Appellant and Due then took a female security guard hostage. They demanded $500,000 and a Brinks truck. After a nine and one-half hour standoff, appellant and Due surrendered.

Appellant was taken to a hospital, where he confessed to the crime spree. Appellant, however, was equivocal about his involvement in the U-Haul murders. Appellant was subsequently convicted in California, pursuant to a guilty plea, of twenty-nine felony charges arising out of the crime spree.2 Eight months later, after being extradited to Reno, appellant made a three-hour videotaped confession to the U-Haul murders.

According to appellant, he and Due cased the U-Haul location and waited for a night when Due thought there would be a lot of cash present. On January 3, 1994, appellant and Due entered the U-Haul grounds and hid behind the building. When Crawford came out of the business to lock the gate at the end of the business day, appellant and Due followed her into the building. Appellant carried a shotgun, Due a revolver.

Appellant and Due confronted Crawford and Christopher and made them lie on the floor. Next, Due had Christopher empty the cash drawers and the safe. Christopher was again placed on the floor. Appellant got some rope off a wall and tied Crawford’s [1018]*1018hands to her feet behind her back, i.e. he “hogtied” her. Crawford began to pray. Appellant thought that it was good that Crawford was praying because she would soon see God. Appellant then tied up Christopher similarly before gagging both victims with packing tape.

Next, appellant went in search of weapons and found a large ballpeen hammer and a crowbar/tireiron. Appellant struck Christopher six to ten times in the head with the hammer. Christopher did not die right away. After each hammer blow, Christopher would shake, and appellant would look at Christopher to see if he was still alive. As long as he remained alive, appellant would hit him again. Appellant claimed that after crushing Christopher’s skull with the hammer, he unsuccessfully tried to pry it open. While he was killing Christopher, Crawford was trying to scream, but her mouth was taped shut. Appellant thought this was funny. Appellant then killed Crawford by plunging the crowbar through her skull. The bar pierced Crawford’s brain and exited the far side of her skull. Crawford’s injuries suggested that there may have been several unsuccessful attempts - to drive the crowbar through her head before the successful attempt. Appellant claimed that he also unsuccessfully tried to pry Crawford’s skull apart with his hands.

Appellant stated in his confession that he did not know either of the victims, but he did not like Crawford because Due had told him that she was mean. Appellant did not drink alcohol or use drugs before the robbery because he wanted a clear head. Appellant anticipated killing Crawford and Christopher before he entered the building. Appellant thought about impaling both victims to the wall and eviscerating them.

Appellant was charged with, among other things, two counts of first degree murder. The state sought the death penalty. Appellant pleaded guilty to the count alleging that he murdered Crawford, and not guilty to the count alleging that he murdered Christopher. The district court accepted appellant’s guilty plea on the Crawford count, deferred proceeding on the Christopher count, and held a penalty hearing before a three-judge panel on the Crawford count.

At the penalty hearing, appellant “reluctantly” allowed counsel to present mitigating evidence, but elected to keep silent himself. Family members testified that appellant had witnessed his father sexually and physically abuse his mother and sister. Family members expressed disbelief that appellant could commit these murders. One family member testified that appellant had not received guidance from his parents. Rather, appellant learned about life from watching television. An acquaintance of appellant and Due testified that Due was vindictive and that he was afraid of Due.

[1019]*1019A clinical psychologist who had examined appellant testified that appellant has poor skills for coping with life. According to the psychologist, appellant has a low IQ, but is not typically mentally retarded. Rather, appellant is developmentally immature and childlike. Appellant has little sense of his own self. He does not know what he likes or dislikes about himself or others, has no goals or direction, and is not very well developed as a person. The psychologist attributed this to a lack of attention, love, and stimulation from his parents.

The panel found thirty-one aggravating circumstances: (1-28) that appellant had been previously convicted of twenty-eight felonies involving the use or threat of violence to another; (29) that the murder was committed in the course of a robbery; (30) that the murder involved torture, depravity of mind, or mutilation of the victim; and (31) that the murder was committed at random and without apparent motive.

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Related

Geary v. State
977 P.2d 344 (Nevada Supreme Court, 1999)
Calambro v. State
952 P.2d 946 (Nevada Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
900 P.2d 340, 111 Nev. 1015, 1995 Nev. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calambro-v-state-nev-1995.