Nixs inside connection was LaRa Sharpe, his girlfriend who worked in the Sherry-Halat law firm. The hit was pulled off by a group of criminals known as the Dixie Mafia over a Lonely Hearts scam run out of Angola prison in Louisiana to swindle gay men. Nix was sentenced to 15 years in prison, added to the life sentence he was already serving. Finally, he consulted with the lawyers throughout, giving thoughtful consideration to their suggestions. Then he went to a halfway house in Hattiesburg and worked as a handyman at an area church. The government can not combine totally unrelated agreements and overt acts in a single RICO conspiracy. See United States v. Sutherland, 656 F.2d 1181, 1194 (5th Cir.1981). Vincent and Margaret Sherry had settled in Biloxi in 1971 after traveling the world. Thompson, 120 F.3d at 1058. Circuit Judge Vincent Sherry and his wife, Margaret, were slain in their Biloxi home on Sept. 14, 1987, in a plot involving a lawyer, a Louisiana prisoner and a strip club owner. Nix's girlfriend, LaRa Sharpe also assisted in the schemes. There are also fond memories of Mike Gillich who bought the chocolate Eason sold for her school. See United States v. McCarty, 36 F.3d 1349, 1353-55 (5th Cir.1994) (holding that admitting extrinsic evidence to corroborate the defendant's confession to a cellmate was not reversible error). In a 1990 WLOX interview, Sharpe talked about her ties to it all. See Garrett v. United States, 471 U.S. 773, 778-79, 105 S.Ct. Edwin Edwards. WebView the profiles of people named Sherri Sharpe. The couple, Vincent Sherry of the Second Mississippi District Circuit Court, and his wife, Margaret, were found dead in their home in a quiet north Biloxi neighborhood on Sept. 16, 1987. Police took Vincents files from his time as a defense attorney and also from when he was a judge. After two years in prison, Gillich decided to talk and implicated Halat, who was convicted after a second trial in 1997 for participating in the conspiracy. Backbone of the Case. United States v. Sultan, 115 F.3d 321, 324 (1997). The 1996 conspiracy to obstruct justice count also survives the Blockburger test. 97-60704 UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS SHERI LARA SHARPE; THOMAS LESLIE HOLCOMB; PETER HALAT, JR.; AND KIRKSEY MCCORD NIX, JR. also known as J R, also known as Junior, also known as Kirk, Defendants-Appellants. 1343 (wire fraud), 18 U.S.C. Furthermore, the trial court on several occasions instructed the jurors that it was their job to weigh the credibility of witnesses, and that they could accept or reject witness's testimony. When Nix confronted Halat about the missing money, he blamed it on his law partner Vincent Sherry. The pistol was not the same one used in the Sherry murders.
Its very important to me that my daughters do the right thing and I hope theyve learned by my mistakes., Shes apologized for the things we went through, she said. The one-hour segment, called Biloxi Confidential, reminded Dunne of his own sojourn on the Coast, where he was stationed while in the U.S. Army during World War II. Count 3 involves Sharpe's testimony that she never made a three-way call to any victim of the homosexual scam. Now, as an adult, Im looking at, Im saying to myself, Why in the heck would you bring your kid there?. Gillich was not in jail and also called for a meeting with Halat. 2. Nix and Halat unsuccessfully moved to dismiss Count 51 as duplicitous, asserting that the count alleged two separate conspiracies rather than one conspiracy. We affirm if a rational trier of fact could have found all essential elements beyond a reasonable doubt. 2. The defendants several times objected unsuccessfully to the judge questioning the jurors, recommending instead that the judge respond in writing instructing the jury to follow the court's instructions. 1962(c) by conducting and participating, directly and indirectly, in the conduct of the affairs of the enterprise, through a pattern of racketeering activities. The elements of a Section 371 conspiracy are: (1) an agreement between the defendant and one or more other persons to violate a law of the United States; (2) an overt act by one of the conspirators in furtherance of the conspiracy; and (3) the defendant's intent to further an unlawful objective of the conspiracy. See 18 U.S.C.A. Under Section 1503, an act with the natural and probable effect of interfering with the due administration of justice satisfies the intent requirement for obstruction of justice. In 1989, Halat ran for mayor of Biloxi and he won. 6. For the foregoing reasons, we affirm the convictions and sentences of all appellants. 1999) Annotate this Case U.S. Court of Appeals for the Fifth Circuit - 193 F.3d 852 (5th Cir. See United States v. Soape, 169 F.3d 257, 266 (5th Cir.1999). Those new to the area will be treated to a slice of the citys history many would just as soon forget. Count 1 alleges the following: Nix, Cook, Halat, Holcomb, Sharpe (unindicted), and others known and unknown constituted an enterprise, a group of individuals associated in fact which engaged in various criminal activities affecting interstate and foreign commerce, including 18 U.S.C. Halat does not argue that he was prejudiced in any way by the inclusion of the two acts in Count 16. It was also the year that she was indicted in federal court for her role. All four were indicted with conspiracy murder and wire fraud. By Wednesday morning, Vincent was due in court. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. 2849. As to the government knowingly presenting false testimony, reversal is required if it is shown that: (1) the testimony was false; (2) the testimony was material to the verdict; and (3) the prosecutor knew or believed the testimony to be false. 2407, 85 L.Ed.2d 764 (1985). I felt like he was a good guy who had probably gotten involved with the wrong people and made mistakes in his life.. Police believed the murders were the work of a professional because there was nothing missing from the house and there was no sign of forced entry. It was an interesting group of rotten people, concluded Dunne, interviewed Monday by telephone. His wife Margaret, an old-school Republican, was a former city councilwoman with ambitions to be mayor. 803(6), the business records exception. He was later sentenced to life-long isolation because of this hit. To be honest with you, its something that I have to get out of me. At trial, Holcomb relied on the Fed.R.Evid. On the contrary, Judge Pickering proceeded in a very careful and conscientious manner. Bradford O'Keefe The district court did not refuse to admit the letters but, rather, reserved its ruling on their admissibility. This story was originally published January 17, 2023, 7:00 AM. The scam involved placing fraudulent ads in the national LGBT magazine The Advocate pretending to be young single homosexual men in legal trouble who needed money. After seeing the newspaper photo, Robertson advised the government that the photo of Holcomb in the newspaper was the same person he saw driving a Ford on September 14, 1987, the night of the Sherry murder. The email address cannot be subscribed. Third, Holcomb argues the district court erred by refusing to admit exculpatory FBI lab reports relating to hair, fiber, blood, and print analysis done by FBI lab examiners. The very case the defendants cite recognizes that there is no due process violation when new significant evidence comes to light that justifies a subsequent prosecution. Im finding in my research that it does bring back certain things, Eason said. Dozens of men wired money to nix through western union. I had a lot of anger toward the press, Eason said. She was his girlfriend, Sheri LaRa Sharpe. Agent Bell and Capt. The court, in the presence of the lawyers and defendants, questioned each juror individually, asking each to specify any incidents of sexual misconduct, intimidation, or the interjection of extrinsic factors into the deliberative process by juror number six. Investigators would come to believe that Vincent opened the door to the killer, who put a gun in his face. 371 (West 1984); United States v. Razo-Leora, 961 F.2d 1140, 1144 (5th Cir.1992). Although the conversation with her confederate occurred before the 1991 indictment, the government did not prosecute Sharpe for that conversation. He died in custody in 2005. John Elbert Ransom, a Nix associate from Georgia, was released from a federal prison in Georgia on Nov. 7, 2003. Later in September of 1988, police held a press conference to give an update. 403 provides that [r]elevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice or needless presentation of cumulative evidence. Holcomb offers nothing to rebut the district court's finding that the proffered testimony's prejudice to the other defendants substantially outweighed its probative value. Gillich and the inmate, Kirksey McCord Nix Jr., were convicted in the federal case in 1991. See United States v. Felix, 503 U.S. at 387, 112 S.Ct.
And the pressure by local and Federal authorities to close off the last vestige of this city's illicit past is continuing. Each had been shot in the head four times. See Fed. He also complains he was denied the use of exculpatory evidence by his co-conspirators, and his motions for a separate trial were denied without a limiting instruction to the jury to consider only the evidence against him. And now, four people are awaiting sentencing in Federal District Court in Mississippi for their roles in planning the scheme or the deaths of the judge and his wife. We review a district court's denial of severance for abuse of discretion. WebSheri LaRa Sharpe Sheri LaRa Sharpe News Figure in 1987 Dixie Mafia slaying of 2 dies at 82 May 10, 2012Monica Land0 BILOXI (AP) Mike Gillich Jr., a former Biloxi striptease Shari Sharpe - Lake Havasu City, AZ Real Estate Agent | realtor.com The leader of the fraud? everyone but Sharpe was found guilty of conspiracy murder and wire fraud. Nix and Gillich said they would split the cost of the hitman. Ive never really needed that to know what I dealt with and how I lived and what I went through..
All rights reserved. Theyre public figures there.. Eason is a former teacher and long-time community organizer who began the Comeback Coolers program to help victims of natural disasters. Nix was a former leader in the Dixie Mafia, now imprisoned for life in Angola for murdering a grocer in New Orleans in 1972. 
No. Mr. Fabian is serving a life term for kidnapping and has been sentenced in Mississippi to another life term for killing a horse breeder. ; Fed.R.Evid. Margaret probably just thought someone was at the door Vincent needed to talk to. Ransom was sentenced to 10 years. Sharpe moved to dismiss the indictment, asserting that: (1) Double Jeopardy barred her prosecution; (2) the substantive obstruction of justice charges failed to state a claim under 18 U.S.C. 
The ensuing investigation into the Sherry murders eclipsed a decade, and would unveil ties between the murders and the corruption that gripped the Gulf Coast in the 1980s. In 1991, Gillich was convicted for his role in plotting the 1987 Sherry murders and was sentenced to 20 years in prison.
Fourth, Holcomb argues Brett Robertson's (Robertson) in-court identification was too suggestive because of a newspaper article and photo Robertson got from his mother. He revealed that Nix had planted a full-time associate at the Halat and Sherry law firm to help run the scam. The indictment charged Nix with racketeering, conspiracy to violate the racketeering statute, fraud, conspiracy to commit wire fraud, money laundering, and conspiracy to obstruct justice. The evidence was sufficient to convict Holcomb of the RICO conspiracy. Here is a list of some of the key players in the murders of Vincent and Margaret Sherry and where they are now: Pete Halat, one of six people convicted in the 1987 murders of Vincent and Margaret Sherry, had his claim rejected by the U.S. Court of Appeals in December 2005. After graduating from Western Kentucky State College, she taught in school. He died in 2012. Holcomb was able to use other evidence to advance his other gunman defense. Regarding the defendants' contention that the government changed its theory, we view the government's presentation of the evidence not as a due process violation but merely as the presentation of new and significant evidence that justified the prosecution in question. The government several times moved unsuccessfully to remove juror number six. Count 5 involves Sharpe's testimony that she never delivered money to Gillich. At the time of the murders, they were 11 and 8 years old, and they had a front-row seat to a twisted and sometimes frightening life few people have experienced. A variance results when the charging terms of the indictment remain unaltered, but the evidence at trial proves facts other than those alleged in the indictment. United States v. Ramirez, 145 F.3d 345, 351 (5th Cir.1998). First the defendants were well aware of the contradictory testimony during the trial. One of his first steps was to interview an inmate at the Louisiana State Penitentiary in Angola who had been linked to the Dixie Mafia, Bobby Joe Fabian. He was a craftsman . Sharpe asserts that the seven false responses cited in the indictment were not separate, distinct acts. The government granted Wright complete immunity. Sharpe had two daughters. On Sept. 22, 1997, Halat was sentenced for obstruction of justice, conspiracy to obstruct justice and conspiracy to commit mail fraud for his part in the Loney Hearts scam. The district court may not instruct the jury on a charge that is not supported by the evidence. United States v. Ortega, 859 F.2d 327, 330 (5th Cir.1988). However, if there is a single agreement on an overall objective, multiple conspiracies may be tried as a single enterprise conspiracy under RICO. The conspiracy was still in existence in 1992 when Nix and another prisoner received money from the new and already existing homosexual scam victims. Dixie Mafia leader Mike Gillich Jr. helped to plot the murders. He was a man of Croatian descent who started out life in a large, poor family before building his wealth as an entrepreneur along The Strip in Biloxi, the Dixie Mafias home base. from doctors and scientists. This Court reviews a district court's application of the Sentencing Guidelines de novo and the district court's factual findings for clear error. When she was eligible for release, shed have to spend three years on probation. Circuit Judge Vincent Sherry and his wife, Margaret, were slain in their Biloxi home on Sept. 14, 1987, in a plot involving a lawyer, a Louisiana prisoner and a strip club owner. 803(8), the public records exception to the hearsay rule, Holcomb contends that the reports showed that he was not a match with the samples taken from the crime scene.9 Holcomb's reliance on the public records exception is misplaced. See id.
Gillich also got 15 years in prison. They initially found Halat only guilty of obstruction of justice and conspiracy to obstruct justice. But if you know somebody that has gone through a similar battle that youve gone through, that have experienced the same kind of thing and they made it out to the other side, I think it gives you hope., The website the sisters have started is called The People You Think You Know.. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SHERI LARA SHARPE; THOMAS LESLIE HOLCOMB; PETER HALAT, JR.; AND KIRKSEY MCCORD NIX, JR. also known as J R, also known as Junior, also known as Kirk, Defendants-Appellants. Count 4 involves Sharpe's testimony that she did not participate in the homosexual scam after Easter of 1986. [E]ven if we find an abuse of discretion in the admission or exclusion of evidence, we review the error under the harmless error doctrine. Id. Click here to subscribe to our newsletter. There was no sign of forced entry to the house. He was shot in the mouth, shattering his teeth. United States v. Fisher, 106 F.3d 622, 632 (5th Cir.1997) (internal quotations omitted). Sharpe's false testimony occurred during the wire fraud and murder-for-hire trial, after she was arrested for conspiracy to commit wire fraud and murder-for-hire. When he was eligible for release, hed also have to spend three years on probation. Therefore, the obstruction counts are not multiplicious. 801(d)(2)(E); see United States v. Gironda, 758 F.2d 1201, 1216-19 (7th Cir.1985) (concluding that the district did not err by permitting a co-conspirator to testify that another conspirator had told him about a threatening phone call he received from the defendant). As to the change in government theories, the defendants contend that due process rights are violated when a prosecutor presents two different and inconsistent theories of the same crime in two different trials. The funds were delivered to Halat and others, for the use and benefit of Nix and the enterprise. We first examined these events in United States v. Sharpe, 995 F.2d 49 (5th Cir.1993) (Sharpe I). Hed buy just boxes and boxes and boxes of these things, she said. Holcomb died in prison on April 8, 2005. I mean, there were a lot of battles. United States v. Seader, 440 F.2d 488, 496-97 (5th Cir.1971). o. at 1192-93. Additionally, the circumstances involved in Count 16 satisfy many of the criteria specified above. The district court denied Sharpe's and Holcomb's motion to sever. United States v. Fletcher, 928 F.2d 495, 502-503 (2nd Cir.1991). In the end, the government granted Wright full immunity for his testimony. Vincent and Margaret Sherry were murdered in their Biloxi home. United States v. Mulderig, 120 F.3d 534, 540 (5th Cir.1997). In all the ploys, the scammers would send racy photographs to keep the gay men interested. Additionally, the jury convicted both Holcomb and Halat for their respective roles in this affair. Nix is currently incarcerated in the El Reno Federal Correctional Institution in Oklahoma. BILOXI (AP) Mike Gillich Jr., a former Biloxi striptease lounge owner who helped plot the 1987 Dixie Mafia murders of a judge and the judges wife, has died. The pattern of racketeering activity includes the following acts: the Sherry murder conspiracy and murders; the pre-Sharpe I homosexual scam; the drug conspiracy; obstruction of justice; and the post-Sharpe I homosexual scam.
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There were two bullets in the wall, so if she heard those she may have had a moment to turn and see her killer, but she may not have heard them at all. Instead, the evidence was offered to show that Baylis and Putnam had information that they could only have learned from Holcomb, corroborating their claim that Holcomb confessed to killing the Sherrys. 25 Feb/23. I just knew what I wanted my life to look like and how I wanted it to be. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Mr. Fabian said that when members demanded an explanation from Mayor Halat, he told them the money had been taken by his law partner at the time, Mr. Sherry, who became a judge shortly afterward, in July 1986. There was no blood spray. However, he contends, none of these acts were done in furtherance of the conspiracy and thus the statute of limitations was not tolled. When the District Attorney was ready to move on indictments, Ransom had been moved to a Georgia prison closer to his family and he refused to cooperate any longer. They were part of a continuous scheme or transaction, evidenced by the responses all being given during the same trial, on the same day, and, according to the government, all for the purpose of covering up the wire fraud and murder conspiracies. . Margaret Sherrys murder was just a bonus and a precaution. This time, the government concentrated its efforts on determining what role Halat, by then the Mayor of Biloxi, played in the crimes. Im sure they were looking for mom, but we were walking home from school . Fed R. Evid. She said she did not sleep a single night in the 10 years after her parents death, until Halat was finally convicted for his role in plotting the murders of his friends and neighbors.
Armistead had been investigating the Dixie Mafia since 1976. The parties vigorously disputed in brief and at oral argument whether one or two conspiracies existed for Double Jeopardy purposes. Thus, even assuming one conspiracy, further participating in that conspiracy by falsely testifying constituted a new offense for Double Jeopardy purposes. She was slumped against the bed with her feet under the dresser as if she had just slid down. See United States v. Franklin, 148 F.3d 451, 459 (5th Cir.1998). Halats official story was that he first looked in through the sliding glass door then tried the handle and it opened. Remembering the Sherry murders, Lonely Hearts scam and those involved, Woman, 19, accused of performing sexual act with dog on social media, Two arrested in connection to death of man found in Harrison Co. woods, New Orleans-based restaurant group taking over old Marina Cantina location, Robert Byrd, former Moss Point mayor, dies at 75, Scott Berry wins 500th game as head baseball coach of Southern Miss, South Mississippi Mental Health Resources, A Byte Out of History: Murder and the Dixie Mafia, Nix was a former leader in the Dixie Mafia. Finally, Holcomb asserts that the district court erred by admitting double hearsay. Evidentiary rulings must be affirmed unless they affect the complaining party's substantial rights. For reprints, email [emailprotected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. When the prosecution took the case before a grand jury, the indictments they asked for were for the Lonely Hearts scam, murder conspiracy, wire fraud and two counts of traveling in interstate commerce for murder to hire. After all, Kirksey Nix provided the family with a house in Ocean Springs after Sharpe divorced her husband and moved from Chicago. . Gillich testified that Holcomb confirmed murdering the Sherrys. Please consult an expert before taking any action. They contend that, because the testimony of Ransom and Gillich was false, material and the government knew it, their due process rights were violated. Count 11 involves Sharpe's testimony that Halat had no knowledge of the homosexual scam. 4. In 1991, the government indicted Sharpe for and a jury convicted her of conspiracy to commit wire fraud and conspiracy to commit murder-for-hire. Sultan, 115 F.3d at 324. Here is a look back into the Dixie Mafias history through two well-known members and their two most notorious victims.
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