Magee receives two death sentences

By Debbie Glover
St. Tammany News
Published on Wednesday, October 21, 2009 10:36 AM CDT



Despite his mother’s plea for leniency, James Claiborne Magee was sentenced to death twice Monday night – once for the first-degree murder of his wife Adrienne and once for the first-degree murder of his 5-year old son Ashton Zachary.

When the second sentence was read, he collapsed where he stood, defense counsel helping him to sit for the remainder of the sentencing. It was the only emotion showed during the sentencing phase.

The courtroom of State Judge William “Rusty” Knight was still and quiet except for the gentle sobs of Magee’s mother, Bonnie Cooper. Other relatives shed silent tears.

Magee had confessed to the crimes and was convicted on two counts of first-degree murder and two counts of first-degree attempted murder by the seven-man, five-woman jury on Saturday.

The jury deliberated for three and a half hours on the capital crime sentences, finally returning the death penalty verdicts at about 6:30 p.m. Monday. Aggravating factors of the crime that led to the death sentence were risk of death to more than one person in the case of the murder of Adrienne Magee and risk of death to more than one person and under the age of 12 years in the case of Ashton Zachary.

Sentencing on the other charges will take place Nov. 30.

April 18, 2007, Magee ran the car with his estranged wife Adrienne, 28, his son Ashton Zachary, 5, and his daughters Ashleigh, 8 and Aleisha, 7, off the road and into a tree at the corner of Nestor and Thackery streets in Tall Timbers subdivision in Mandeville. Adrienne was on her way home where she was living with her boss from Child Chalet, Tracey Delatte. It was about 5 p.m.

He walked to the car with the loaded 12-gauge shotgun and held it to Adrienne’s head as she pleaded for him to not do it in front of the kids.

Ignoring her pleas, he pulled the trigger at point blank range on her left temple.

Zack got out of the car and ran. He was shot from behind and fell. Magee followed him and then shot him in the face. He returned to the car and fired again, hitting Ashleigh in the shoulder. He had no bullets left and heard sirens approaching, so he returned to his vehicle.

In closing arguments, prosecutor Ken Dohre said Magee reloaded the weapon and drove to the Child Chalet where Adrienne worked as a teacher, allegedly intending to kill her friends there. He was recognized and fled in his 2006 GMC pick-up truck to Alabama, where he was apprehended without incident and extradited to St. Tammany Parish.

Adrienne had been granted a restraining order against Magee just 28 hours before the murder, citing a history of physical and verbal abuse toward her and was granted her temporary custody of their three children.

According to the restraining order, Magee also had a history of violence toward others and of drug and alcohol abuse. It also warned that he carried a weapon.

In the restraining order filing, Adrienne wrote that she felt her life was in danger due to Magee’s mental state as a result of the couple’s separation. In testimony for the sentencing, the judge allowed his mother (Bonnie Cooper) to address the jury. “I love my son—please don’t send him to death,” she sobbed. “The girls will want to talk to him one day, for closure, and they won’t be able to.”

Cooper said when she and Magee’s father, also named James Magee, divorced, they split up the two brothers, Jason Matthew and James Claiborne. James went with his father to live in Bogalusa.

“If I had it to do over again, I wouldn’t let him live with his father,” she said, adding that the decision was a mistake.

She also said she had hoped Magee and Adrienne would reconcile and get back together.

Both Tommy and Bonnie Cooper said they have not been allowed to see the surviving children, Ashleigh and Aleisha since the murders, despite repeated attempts and phone calls. They had a good relationship with the grandchildren before the murders.

Magee did not take the stand in the sentencing phase and had not testified in the trial, either.

In closing arguments, defense attorney Bill Alford told the jury that sometimes statements are made to incite you, zeroing in on narrow issues.

Alford said that there were no plans to get away—Magee had no passport. He added that the question before the jury was not whether Magee was going to die in Angola, but a question of when—earlier by execution, or later through a life sentence.

He added that the well-being of Magee’s daughters should be taken into consideration. “They can’t change who their father was,” said Alford. He asked, “Would the state killing (Magee) be in their best interest, or would it be better for them to confront him someday and demand answers?”

He added, “Do you want the state to make them orphans?”

An attempt by the defense earlier to include the use of prescription drugs for a foot ailment by Magee was met by resistance from the prosecution that stated the drugs used as painkillers would have had the opposite effect and would have sedated him, not agitate him.

Lead prosecutors Scott Gardner and Ken Dohre addressed the jury, giving them a timeline of the planning and premeditation that entered into the murders. He told someone he was going to “kill them all.”

At 1 p.m., he went to the daycare center to see that everything was normal.

At 2 p.m., he purchased 100 rounds of live ammo.

At 3:30 p.m., he calls to see if the kids are at the day care yet.

At 5 p.m. he waits for the car on their normal route home. He then gets behind the car and begins to ram it from behind. Adrienne loses control of the car, it crashes in to a tree.

Then Magee continues his plan.

The graphic planning of the crimes and his neglect of assisting to his children’s medical needs before he left were both cited by Dohre as reasons he deserved the death penalty.

He had 125 rounds of live ammo in his truck when stopped.

“The only remorse was he didn’t get away with it,” said Dohre. “It was a planned, orchestrated event. James Claiborne Magee elevated his event to a planned massacre.”

As the prosecution gave their closing arguments, Bonnie Carter sat still with her eyes closed as if shutting out the world.

Gardner asked the jury, “Is this the type of crime that merits the death penalty?” He ended by stating, “Anything less than the death penalty undershoots the savagery of this case.”

In his instruction to the jury, Knight told them if they decided on the death penalty, they had to list the aggravated factors and/or mitigating circumstances used to direct the verdict. If a unanimous verdict of death cannot be reached, an automatic verdict of life without benefit of parole or pardon would be given.

Upon reaching a verdict, Knight instructed the onlookers that in such a proceeding, professional conduct is necessary. He added that if anyone felt they could not hear the verdict without showing emotion, please step out of the courtroom.

No one did.

Instead, a mostly emotionless courtroom received the sentence of James Magee’s death with silence, seriousness and a dignity not allowed to his victims.


Comments

18 comment(s)

    Man of God wrote on Oct 30, 2009 5:08 PM:

    " There are no winners in this. God Bless Magees mother and the surviving family.... "

    allison wrote on Oct 29, 2009 7:21 PM:

    " Did his mother actually believe that he deserved to live. I know he's her son and that goes along way. But he shot his own 5 year of child, her grandson, in the face after shooting him in the back while he was running for his life. I feel for her, I know that he's her child and that love is never destroyed, but he deserves what he's getting, and probably a lot more. I hope that at least his victims can rest in peace. "

    Mom of one wrote on Oct 28, 2009 10:50 AM:

    " If this were my son I would be ashamed...seriously look at what he did to HIS son! Family values are thrown out the door when talking about this monster. I think that he should have to live everyday with the images in his head while dipping bread in water for every meal! "

    r.side wrote on Oct 27, 2009 10:07 AM:

    " Herman, you are correct, the bodies of his wife and son were not the only victims of this worms actions. His family is hurting as well, but so did Hitlers, Saddam Husseins, and other souless killers.
    Compassion for thier families is more than justified and it is honorable to do so, but not at the expense of justice. "

    herman wrote on Oct 27, 2009 8:24 AM:

    " All of you people that applaud the fact that this man will die.... put the shoe on the other foot!! what if this were your son???? "

    from DelmarMaryland wrote on Oct 26, 2009 9:37 AM:

    " I've been there, done that. I was just lucky that I did not die. Domestic Abuse has got to stop. I feel that justice has been served even though I do not believe in the death sentence. Hopefully a big lesson has been learned in the protection of women and their children. This mother and her children were also afraid of a death sentence. No one should live in fear. This is America! "

    Robyn wrote on Oct 23, 2009 6:44 PM:

    " He is going to get what he needs. Give him what he planned "Death". My heart goes out for the family and children that have to live with what he did. My heart goes out to the rest of the children,It's just so sad! They need to tie him up in the middle of town hall and let real justice take care of him! So much for that piece of paper to keep them safe. "

    sassy wrote on Oct 23, 2009 2:49 PM:

    " HE GOT WHAT HE DESERVED!!!! GOD BLESS ADRIENNE'S FAMILY!!!!! "

    poohbear wrote on Oct 23, 2009 8:34 AM:

    " Rotting in jail is what we all think happens. NO these creeps make friends they get there drugs, they get to have free room and board on us. NO life in prison sounds bad to us, but this pile of worthless human deserves living every day on death row knowing each day culd be his last and that final fear when they take him to die! "

    Berry Huckle wrote on Oct 22, 2009 1:03 PM:

    " The punishment of this worthless loser has already started. It almost colapsed when sentance was handed down, he must have expected the jury to have mercy on him. He is afraid to die, he knows where he is going is not going to be plesant, and he is going to be there a very very long time.

    I applaud the jury decision, and appreciate thier contribution to our community, they did absoluley the right thing. "

    Locambe wrote on Oct 22, 2009 10:26 AM:

    " I really don't think putting this man to death is a good ideal. I think he should rot in jail for the rest of his life. When you sentence a person to death you are giving them a easy way out.Let him suffer for the crimes he committee. "

    Ray wrote on Oct 22, 2009 8:19 AM:

    " I live down the street from where this was carried out - It gave my daughter nightmares - I dont think that there is punishment enough for this "man"! "

    Dave wrote on Oct 21, 2009 7:31 PM:

    " I hope he rots. Should bring him to honey island and we'll all bring 12 gauges and let him flop around for a while before carrying out the sentence. Truly disgusting. "

    R.SIDE wrote on Oct 21, 2009 1:59 PM:

    " A tragic event, followed by a just decision by his peers. The sooner the sentance is handed out the better.

    Lets hope his two girls get the help they need, and the jury is at peace with thier wise decision. "

    ERS wrote on Oct 21, 2009 1:14 PM:

    " Justice has been served!!! "

    Lucinda wrote on Oct 21, 2009 12:17 PM:

    " If there are other monsters like him reading this I hope it gives them pause to realize that this man did not want to die. He collapsed when he heard the verdict. You may think that killing in hatred and then being given the death sentence is what you want - but when you face that jury, it will not be what you want. There is help for people with that much hatred and anger in them. If that is you, seek help before you destroy so many lives including your own. "

    slidell wrote on Oct 21, 2009 12:11 PM:

    " HE GOT EXACTLEY WHAT HE DESEREVES DEATH, WE THE PEOPLE ARE TIRED OF TAKING CARE OF DEAD BEAT PEOPLE.


    ( GOOD LUCK )

    JUST CLOSE YOUR EYES AND NIGHTY NIGHTY "

    Mom of one wrote on Oct 21, 2009 11:32 AM:

    " Justice is served...this "thing" deserves to be treated like the ravaged monster he is! He is a discrace to human beings! "

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