Gang Leader in Capital Case Receives Life in Prison

A federal jury in Brooklyn declined yesterday to sentence to death a gang leader convicted of three killings.

The deliberations over the fate of James McTier lasted less than a day. The gang leader, who is from the Brownsville section of Brooklyn, will be sentenced to life in prison. The jurors could not unanimously agree on which sentence to give, death or life in prison, according to notes sent to the judge; a life sentence is the default sentence.

McTier is the first of at least three men charged in killings who are expected to face the death penalty trials this year in the federal courthouse in Brooklyn. One of the capital cases will be against Gilbert Caraballo, charged in 2001 with hiring a hit man to kill the husband of his mistress.

McTier addressed jurors on Tuesday for the first time during the trial. He delivered an unsworn statement saying: "I just couldn't allow this to end without everybody knowing I'm sincere when I say 'sorry,'" he said, the Daily news reported.

McTier was tried and convicted along with two co-defendants of five killings and numerous attempted murders. McTier faced capital charges for three murders.

The violence, prosecutors say, was the product of gang rivalries in Brownsville, although some victims had little previous contact with McTier or the other codefendants.

One victim, Ricky Tubens, died after being stabbed with a screwdriver after McTier took issue with the music playing on a stereo Tubens was listening to. Another victim, Tabitha Buckman, was gunned down outside the fried chicken restaurant she managed.

The breakdown among the jurors was unclear.