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Suspect fights extradition order for fatal shooting

Suspect fights extradition order for fatal shooting

Gabriel Miranda


POSTED June 22, 2012 10:15 p.m.

Homicide suspect Gabriel Miranda, apprehended in Idaho earlier this month, is planning to fight his extradition back to California to face charges for the death of 24-year-old Simon White.

Turlock Police Investigations Sgt. Russell Holeman said he was contacted Friday with the news that Miranda, 23, is planning to fight his extradition.

Miranda is facing a homicide charge for the death of White on May 2. According to the police report, White was shot to death during a drive-by shooting at a home in the 100 block of Vermont Avenue. Witnesses at the scene identified Miranda as the suspected shooter, according to investigators.

Miranda was taken into custody on June 2 in Burley, Idaho — a small town in Cassia County. He remains in custody at the county jail.

Cassia County Deputy Prosecution Attorney Blaine Cannon said Miranda initially signed a waiver of extradition, meaning he did not contest the order to return to California to face the charges against him.

But five days after signing the waiver, Miranda let his public defender go and hired private defense attorney Elizabeth Burr-Jones. Burr-Jones did not return calls for comment.

In an interstate extradition one state is requesting another state send an individual back to face criminal charges. If a person waives an extradition order, the requesting state has 30 days to bring the individual back. The defendant also can get credit for the time spent in custody while awaiting extradition.

If the person chooses to fight extradition, the requesting state has 90 days to prove their case for extradition. The defendant does not earn any credits for time served when extradition is contested.

In an extradition hearing the only issue is whether the defendant should be sent back or not. There is no discussion of guilt or innocence.

Potential reasons for fighting extradition usually fall into three arguments. The first is the individual is claiming to not be the person named in the arrant. The individual can also argue that the charge named in the extradition order is not a crime. Lastly, the defendant can make the claim he was never in the requesting state.

Holeman said the next step for Turlock investigators is to request a governor’s warrant, which essentially has the governor of one state, in this case, California, ask the governor of the asylum state, in this case, Idaho, arrest and detain the individual until an agent from the requesting state can take custody.

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