Goshen mass murderers deserve the death penalty, but that is wrong punishment | Opinion

The Fresno Bee Editorial Board
·3 min read
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At first thought, Tulare County Sheriff Mike Boudreaux’s call for the death penalty for the two suspects in the infamous Goshen massacre makes complete sense.

After all, the suspects killed six people, including a 16-year-old mother and her 10-month-old baby. The victims were shot in the head, execution style — yes, the infant too. That is taking cold-heartedness to a new level. Boudreaux has said the Jan. 16 crimes appear gang related, possibly by a gang cartel.

By the standards of the San Joaquin Valley, which witnesses harsh crimes with regularity, the “life for a life” morality of the death penalty seems entirely appropriate in this case. Clearly, whoever committed these slayings should never be able to live freely in California again, given the danger they represent to the rest of us.

But the death penalty is the wrong approach for several key reasons.

Broken system

Uppermost is the fact that the death penalty system in California is incapable of delivering the justice that those seeking it would want.

For one thing, the last time a person was put to death in California was 2006. That is hardly swift justice desired by victims. But the many appeals inherent in death-penalty cases make long delays inevitable.

Tulare County Sheriff Mike Boudreaux speaks Monday, Jan. 30, 2023, about new developments in the investigation of a mass shooting that occurred January 16, in Goshen, Calif. Two weeks after shooters brazenly killed a teen mother, her 10-month-old baby and four other members of her household, the suspects remain at-large. Authorities on Monday provided no motive for the attack in a central California farming community. (Ron Holman/The Times-Delta via AP)

In November 2021, a review of the state’s death penalty system was issued by the California Penal Code Committee. It was formed by the Legislature to review all of the state’s criminal laws.

The committee found that the death penalty punishment “has become so complicated and costly that it takes decades for cases to be fully resolved and it is imposed so arbitrarily — and in such a discriminatory fashion — that it cannot be called rational, fair, or constitutional.”

Part of the unfairness lies in racial disparities. At the time the report was released, nearly 70% of the defendants on death row were people of color.

Unfairly applied

Another aspect of the unfair treatment is the fact that the death penalty is not sought uniformly across California. According to the report, “a handful of counties account for the majority of the recent death sentences imposed in the state.” The report does not note which counties push for the penalty, but they are likely more conservative, inland ones, not liberal, coastal entities.

Then there is the risk that an innocent person might wrongly be put to death. The committee found that five California inmates, all people of color, were wrongly convicted and sentenced to die. They were subsequently freed.

Since the death penalty was re-instituted in 1977, California taxpayers have spent more than $4 billion to administer it. Is it worth it? The committee gave a resounding no. “California’s system for capital punishment is beyond repair. California should abolish the death penalty and death row should be dismantled.”

Another significant person against the death penalty is Gov. Gavin Newsom. He essentially suspended it in 2019.

Best outcome

The New York Times noted in an analysis that during last year’s elections, in which Republicans made fear of crime a key issue, public support for the death penalty did not grow.

In fact, the public has lost confidence in capital punishment. In 1994, 80% of Americans backed the death penalty. By last year, that support had dropped to 55%, according to Gallup.

In the Goshen case is that Boudreaux is seeking the death penalty before anyone has been arrested. He explains that is because of the infant being slain. Everyone can see the sheer monstrosity of the shootings. But still, the sheriff is racing to sentencing before arrests have occurred and the case transferred to the district attorney.

Boudreaux is a lawman and wants the toughest punishment; that is to be expected. Tulare County has historically been a conservative part of the state, so most likely residents expect stiff punishments.

But if the sheriff and his constituents really want the harshest justice possible, the suspects should face life sentences without parole. They can spend the rest of their miserable lives thinking about shooting a 10-month-old baby to death.