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Victim speaks in resentencing hearing for 1995 murder case

Resentencing hearing enters second day

Shawnda Baker lost the use of her right hand, walks with a limp and has difficulty speaking after being shot twice in the back of the head.

On Friday, Baker stood 15 feet from Raymond Cain, the man prosecutors say pulled the trigger on a cold winter night nearly 22 years ago about a mile south of downtown Durango. At times crying uncontrollably, she asked District Judge Brian Flynn to keep Cain in prison for the remainder of his life or as long as possible.

“I fear for myself standing up here,” she said. “He probably has a picture of me in the back of his mind, but I have the man upstairs. I have my angels watching over me.”

She added: “I would like to go off on Cain, but out of respect for you (the judge) and everybody, I’m not going to cuss. I’d like to.”

Cain, who was 17 at the time of the shooting, is serving life in prison without the possibly of parole. Because he was a juvenile at the time of the crime, he is now eligible for parole as the result of a U.S. Supreme Court ruling issued earlier this year that applies retroactively and prohibits juveniles from being locked away for life without the possibility of parole.

Flynn heard two days of testimony from behavioral health experts, a prison investigator, the lead investigator during the 1995 shootings, the victims’ family members, and from Cain.

During his brief remarks, Cain took “full responsibility and accountability for the actions that night.”

“I’m extremely sorry for that,” he said. “I was a 17-year-old kid making stupid choices, and I’ve changed. ... I’m asking for a second chance. I hate the fact that this sentence defines me, this crime defines me. ... I was just a stupid kid, and that stupid kid ain’t here no more.”

Flynn took the matter under advisement and said he will issue a written ruling as soon as possible.

For the most part, lawyers agree Flynn has two options: He could sentence Cain from 30 years to 50 years in prison, which would allow him to be released when his time is served. Or he could sentence Cain to life in prison with the possibility of parole after 40 years, which would require Cain to convince a parole board to release him.

District Attorney Todd Risberg advocated for the latter, saying after 21 years in prison, Cain continues to make bad decisions, get in trouble with prison staff and has risen to the level of “general” in a white supremacist prison gang, called 211 Crew.

But Risberg also recognized Cain entered prison at age 18 with a life sentence and, therefore, had little incentive to change his behavior.

Risberg said the punishment should fit the crime, saying one of the functions of the judiciary is to impose reasonable penalties so civilians don’t take matters into their own hands.

Cain’s defense lawyer, Richard Bednarski of Colorado Springs, said it is imperative for courts to look at juvenile crimes differently. Juveniles don’t have the same cognitive abilities as adults, he said, and the Supreme Court has recognized that by saying juveniles should not be locked away for life without parole, no matter how heinous the crime.

He asked Flynn to give Cain a “meaningful opportunity for release,” in accordance with the High Court’s ruling.

Cain was found guilty in December 1995 of felony murder for the death of Sadie Frost, 18, and attempted murder for the shooting of Baker, who was 19 at the time. Two co-defendants, Gabriel Rivera and Forest Porter, also were convicted of the double shooting but won appeals and struck plea agreements to serve 40 years and about 35 years, respectively. Both were 17 at the time.

Bednarski said Rivera has had at least one parole hearing but remains in prison. Porter has been paroled, he said.

The shooting occurred late Jan. 31 or early Feb. 1, 1995, in Bodo Industrial Park.

In a prepared statement, Baker said her injuries affect her constantly. Everyday tasks such as curling her hair, working or holding her babies in two arms were impossible.

“Sadie and I were not Raymond Cain’s only victims. He caused a domino effect within our families, our friends and our community.”

shane@durangoherald.com

Shawnda Baker statement (PDF)

Sep 17, 2016
Man convicted of ’95 murder to be resentenced in Durango


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