State court tosses out inmate’s death sentence

SAN FRANCISCO -- In a rare move, the California Supreme Court on Thursday tossed out the death sentence of a Long Beach man convicted of killing two people during a drunken shooting spree that injured two others.

The Supreme Court ruled that trial judges improperly denied Arthur Hans Halvorsen’s right to represent himself. But the 6-1 decision left intact his two murder convictions and his sentence of life in prison without parole for one of the killings.

Halvorsen was convicted of the 1985 murders of Vicente Perez and Calvin Ferguson, but the jury couldn’t decide how to punish him for killing Perez. A second jury later sentenced Halvorsen to death for that murder.

Now, the L.A. County prosecutor must decide whether to impanel another jury to decide how to punish Halvorsen for the Perez murder or let the high court’s decision stand. If Los Angeles County Dist. Atty. Steve Cooley does nothing, Halvorsen would not be executed but would remain in prison for life without parole because of the Ferguson murder.

“We have not made a decision on how to proceed,” district attorney’s spokeswoman Sandi Gibbons said.

Justice Joyce Kennard disagreed with the majority opinion, saying she would reduce Halvorsen’s entire conviction to second-degree murder or hold another trial to determine guilt.

Halvorsen landed on death row because of a rampage through L.A. County on March 31, 1985, after spending several hours drinking in a Long Beach bar. About 5 p.m., he drove to an acquaintance’s house and shot the acquaintance’s roommate. He then drove to a trucking company where he used to work and murdered Perez and Ferguson. Witnesses testified that Ferguson had met Halvorsen a few times but that Halvorsen and Perez had never met.

Then, Halvorsen said, he went to Gene Layton’s house to collect a debt. Halvorsen shot and wounded Layton.

The California Supreme Court reviews all death penalty convictions and upholds the vast majority of them. More than 660 inmates are on California’s death row.

Two judges denied four separate requests from Halvorsen to represent himself during the penalty phase.