Justus gets his wish — death penalty
By Schuyler Kropf
ST. GEORGE — Confessed triple-murderer Kenneth Justus got his wish Tuesday, receiving the death penalty for stabbing a fellow prison inmate at least 11 times with a homemade knife.
He becomes the 59th member of South Carolina's Death Row.
In a 12-page order, Circuit Judge Diane Goodstein said Justus deserved the state's ultimate penalty, adding that he was fully competent and aware of his rights at every step of the death penalty process.
"It should be stated that Mr. Justus prohibited his attorneys from offering any evidence in mitigation or arguing against the imposition of death," she noted.
Previous story
Inmate again asks for death penalty, published 12/17/08
Justus, 41, confessed to stabbing fellow inmate Justin Bregenzer, 22, inside Lieber Correctional Institution in Ridgeville in July 2005. At the time Justus was serving two life sentences for the armed robbery and shotgun-killing of two Oconee County residents in incidents that occurred a year apart.
Justus declined to put up a defense to the stabbing and has sought the death penalty for more than a year. He even underscored his wishes to die in a note that he gave to Goodstein during a hearing this month.
"I will ask you to give closure to these families," Justus wrote. "Not only to Justin's family. ... I'm guilty of this crime. And I ask that you punish me to the fullest extent of the law, this being the death sentence."
First Circuit Solicitor David Pascoe called Goodstein's ruling proper.
"It wasn't an easy decision and it never should be an easy decision, but it was the right one," he said. "This was a man who deserved no mercy from our system of justice."
Justus was serving life without the possibility of parole when he attacked Bregenzer with a shank, leaving behind what authorities said was a bloody crime scene that led straight back to him. Officials have not disclosed a reason for the murder, but believe it may be have been tied to money.
Bregenzer, of James Island, had originally been sentenced to prison as a youthful offender for a nonviolent offense that included breaking into a vehicle in Mount Pleasant.
He was given additional time for escape after he walked away from a trash pickup detail, and as a result he was sent to Lieber, one of the state prisons with the highest level of security.
Bregenzer's family has filed a wrongful-death suit against the Department of Corrections, the family's lawyer said.
Goodstein, in her order, said there was no doubt that Justus comprehended his course of action, and also what it meant.
"The record abundantly shows that the defendant was competent and made his decisions freely, voluntarily, intelligently and knowingly," she wrote.
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katrenavantassle (anonymous) says...
I don't understand someone saying that a "family can now have closure." When a family looses a loved one by reason of Murder, there NEVER WILL BE CLOSURE. For the rest of the familys' lives will they always feel like a part of them is missing.
Sure they will know what happened to them and by whom, but a piece of their heart is torn out and can never be put back in. I saw first hand what happens to a family at the time a loved one is murdered by another. As a mother, it is the most horrible thing I have ever saw or felt. I wouldn't wish this on my worst enemy. I can only be partially comforted in saying that I know that the people who are the victims are now resting peacefully in the arms of our savior, without pain and without fear. The loved ones that are left behind will never ever ever forget them. God give us strength. JUSTICE FOR JAMES!
December 24, 2008 at 8:53 a.m. ( permalink | suggest removal )
willbillbedamned (anonymous) says...
The joke is the family filing a lawsuit. I know they are going to claim he shouldn't have been housed with violent inmates. He met the criteria though, he walked away from a work detail and was charged with escape. Let's say the state sent him back to a minimum security facility and he escaped again and then hurt somebody, then that family would be filing suit because he escaped twice and the State should have foreseen the danger. The easiest way to avoid being killed in prison is to stay out of one.
December 24, 2008 at 9:52 a.m. ( permalink | suggest removal )
WSM (anonymous) says...
So...
A guy can kill two people with a shotgun, and it's sorta' bad?
A guy who kills an inmate in prison after killing 2 people with a shotgun is so bad tat he has to face the death penalty?
Smells like "Pee Wee" Gaskins.
So...our courts have stated that the slaying of two citizens has a lower penalty than the killing of an inmate? Granted, the inmate didn't deserve to die, but you don't go to prison unless you do REALLY bad things.
That is, unless you are a Border Patrol agent doing your job.
December 24, 2008 at 10:24 a.m. ( permalink | suggest removal )
sig (anonymous) says...
Do the deed quickly so the taxpayers do not have to continue to pay for him to breath!
December 24, 2008 at 11:29 a.m. ( permalink | suggest removal )
lburchell (anonymous) says...
The man that was killed was a VERY good friend of mine. He was not violent, he was not crazy. He was just a dumb teenager. He served his time and did not derserve to die for it. All of you that state he had to have done "REALLY bad things to go to prison" are ignorant and you obviously have no idea about our screwed up justus system. He had 30 days left on his sentence and he served way more than he should have. Justins family has every right to file a lawsuit against lieber and if you knew the serounding circumstances you would see that too. Some people shouldnt talk about things they know NOTHING about. Thank you to the people that care and everyones thoughts and prayers.
December 26, 2008 at 4:12 p.m. ( permalink | suggest removal )
dianed43 (anonymous) says...
this story hits close to home for me, i am james belli's mother. i pray that justins family will find some peace in this. i know 1st hand that their lives will never be the same.
lburchell....very well said.
me personally, the person that killed james was already serving a 30 year sentence for murder. he murdered a 73 year old grocery store clerk in cold blood but because he talked and turned others in that were involved he plead. he killed my son in a cold blooded, premeditated murder and was given life without parole. for me personally, the death penalty would have been way to good for jaquan ferrell. yes it would have saved tax payers money and yes it may have aliviated some prison overcrowding, but......my sons killer is now serving time in kirkland max. he is housed all by himself basically in a dog kennel. he is in a room by himself 23 hours a day and goes in a cage outside alone for 1 hour. he is not allowed to have any inmate contact at all because of killing james. he is 22 years old. i can not even begin to imagine living the rest of my life in that manor. i hope that he see's my babies face and james haunts him constantly. i hope that he invisions the look of horror on james face that he saw when he violently, viciously stabbed him. i hope he remembers my face and what i was able to say to him at his sentencing...... i have a very strong faith in my God above and know that jaquan ferrell will meet his maker someday, that is when true judgement will be served. may God bring justin's family peace and help to heal their pain, i know it is a very long difficult road.
December 27, 2008 at 7:08 p.m. ( permalink | suggest removal )
cpienciak (anonymous) says...
I am the aunt of James Belli. Until you walk in these families shoes you have know idea the pain we feel every waking moment. People say the pain goes away in time but it has only gotten worse for my sister and our families. The only thing that gives us peace is knowing James is with our savor and out of the hell hole where he was tormented for the short time he was there. These families have every right to file Civil Suits. If the justice system did their jobs this wouldn't have happened. People have to be held accountable. Our prayers go out for Justins family. JUSTICE FOR JAMES AND JUSTIN!!!!!!!!!!!!!!!!!!!!!!!!!
December 29, 2008 at 8:10 a.m. ( permalink | suggest removal )
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