Jacob Holmes Jr., convicted in 2009 killing, avoids death penalty after jury deadlocked
Ajury deadlocked Monday on whether to sentence an Easton man to death in a 2009 shooting at a Northampton County bar, meaning the gunman instead will spend the rest of his life in prison.
Jacob Holmes Jr., 40, was convicted Dec. 15 in the March 30, 2009, killing of Miguel Aponte Jr., 24, of Easton. Prosecutors said Holmes forced his way through the back door of the Easton Cafe on Northampton Street, barged into the barroom and opened fire. A bullet hit Aponte in the back, fatally wounding him.
Holmes’ targeting of Aponte was revenge, prosecutors argued. Aponte had been recently released from prison related to charges from the January 2006 killing of Holmes’ friend, Jason Oliver, 23, of Easton, outside a Wilson strip club.
Acapital murder trial involves a “guilt” phase, where a jury determines guilt, and a “penalty” phase, where the jury decides whether to sentence the defendant to death or life in prison without parole. Holmes’ jury announced at 8:10 p.m. Monday that they were unable to reach a decision.
“It ’s the only time when a jury decides what the sentence should be,” Northampton County District Attorney Terry Houck said.
Once the defendant is found guilty, the prosecution presents evidence of aggravating factors warranting the death penalty. Aggravating factors can include the severity of the crime and a defendant’s prior criminal record.
These aggravating factors are weighed against the defense’s mitigating factors, which can include a defendant’s troubled childhood or positive aspects of their character.
Twopolice investigators testified that Holmes put others at grave risk of death by shooting into the crowded bar and that Holmes illegally possessed the gun because he didn’t have a license to carry a concealed weapon, both possible aggravating factors.
Defense attorney Brian Monahan called one of Holmes’ childhood friends and his neighbors to testify to his character, as well as a mental health expert who spoke about Holmes’ childhood.
All 12 jurors must agree that the aggravating factors were present and a death sentence is appropriate for it to be imposed.
“I don’t know how many jurors were in favor of life and howmanywere in favor of death in this case, but the bottom line is that it wasn’t unanimous either way,” Houck said. “I can say that the jury took their duty very seriously given the amount of time they took to deliberate, which was over four hours. We respect the jury’s decision and appreciate their service.”
Houck will be sentenced Feb. 23 to life plus additional time for the conspiracy charge of which he was also convicted, Houck said.
The trial before Judge Michael Koury was conducted under COVID-19 safeguards with all participants wearing plastic face shields that allowed their entire faces to be seen. Jurors were spaced throughout the jury box and gallery of the courtroom. The families of Holmes and Aponte were permitted to watch a video feed of the trial in separate courtrooms.
Had the jury sentenced Holmes to death, he would’ve been the 120th inmate on Pennsylvania’s death row, according to the state Department of Corrections.
Pennsylvania has not executed anyone since Gary Heidnik, 55, of Philadelphia, in 1999. Heidnik was convicted of kidnapping, torturing, raping and killing two women in his basement. He was one of three people executed after Pennsylvania in 1976 reinstated the death penalty, which is by lethal injection.
Gov. Tom Wolf in 2015 declared a moratorium on the death penalty, calling it “a flawed system that has been proven to be an endless cycle of court proceedings as well as ineffective, unjust, and expensive.” The moratorium will last at least until Wolf receives recommendations from the bipartisan Pennsylvania Task Force and Advisory Committee on Capital Punishment, which is investigating a number of issues with the state’s capital punishment process.