Death penalty possible for accused killer of Palm Springs officers
Accused cop killer John Hernandez Felix is not intellectually disabled, a judge ruled Friday morning. This means the man charged with the slayings of two Palm Springs police officers is mentally fit to be executed, if found guilty.
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John Hernandez Felix, 28, is accused of gunning down veteran training Officer Jose Gilbert Vega, 63, and rookie Officer Lesley Zerebny, 27, on Oct. 8, 2016, after they responded to a family disturbance call at his home. Testimony at a hearing last year indicated the 911 call that preceded the gunfire was sparked by a fight between Felix and his sister over a remote control device.
Felix is charged with two counts of murder and six counts of attempted murder, with special circumstance allegations of killing police officers and committing multiple murders, which make him eligible for capital punishment if he’s found guilty.
Trial proceedings have been delayed twice over Felix’s mental fitness.
The most recent proceedings — called an Atkins hearing — included testimony from three mental health experts earlier this month, in order to determine whether Felix is considered too intellectually incapacitated to be executed. The 2002 Atkins v. Virginia case led to a U.S. Supreme Court ruling that it is cruel and unusual punishment to execute a defendant with intellectual disabilities.
A final ruling from Riverside County Superior Court Judge Anthony R. Villalobos came Friday morning.
Friday morning, Felix was in court and dressed in a suit. Family members of the fallen officers also sat in the courtroom to hear the decision. Felix’s defense attorney, John Dolan, said he had submitted a lengthy written brief to the judge; his arguments spanned more than 80 pages. Dolan referenced a professional report that says intellectual disability is more than mental retardation and encompasses other factors.
Assistant District Attorney Michelle Paradis said Felix can read at a 7th grade level, and he got good grades until he started doing drugs.
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The judge said the expert witnesses in the trial showed Felix was low to average, but not below average, so the requirement was not met. The judge referenced notes that Felix wrote in jail, saying “It didn’t appear there were any issues with him being able to communicate his thoughts and ideas and desires…”
In court, the judge referenced other skills Felix had, including dressing himself. At home, Felix was helpful with chores and gave money to his family from jobs. Felix played sports. He used the bus and could navigated public transportation. Felix had a drivers license. In jail, the judge said he did not see any indication he had any social deficit. Felix got along with others, had friends and was understanding social nuances.
The judge said it didn’t seem like Felix was a “problem kid,” but that his problems started when he got involved with drugs and gang activity.
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Felix previously underwent a mental health competency trial in late 2017 after his attorneys, John Dolan and Jacob Devane, sought to have him found mentally incompetent to stand trial. They argued Felix suffers from “traumatic amnesia” and has no memory of the shooting, preventing him from contributing to an adequate defense.
Criminal proceedings were suspended for about six months before Villalobos ruled that the defendant was competent.
Felix is accused of opening fire on Vega, Zerebny and a third officer through the metal screen door of his home as they approached. He also allegedly fired on five of their colleagues, who were not struck by the gunfire.
District Attorney Mike Hestrin has alleged that Felix, who’s accused of donning body armor and firing armor-piercing rounds from an AR-15 semi- automatic rifle, specifically targeted police.
Vega and Zerebny were the first Palm Springs police officers to be killed in the line of duty since Jan. 1, 1962, when Officer Lyle Wayne Larrabee died during a vehicle pursuit. The only other death in the department was that of Officer Gale Gene Eldridge, who was fatally shot on Jan. 18, 1961, while investigating an armed robbery.
Vega had been with the department 35 years — five years past his retirement eligibility — and had planned to finish his career last December. He had eight children, 11 grandchildren and five great-grandchildren. Zerebny had been with the department for a year and a half and had just returned to duty from maternity leave after the birth of a daughter, Cora, four months before her death.
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