The Cuyahoga County judge who went against the jury's recommendation and opted not to give the death penalty to the man convicted in the deaths of three others at a Warrensville Heights barbershop last year filed her sentencing opinion Wednesday, giving insight into why she spared the life of the triple murderer.
Earlier this week, Cuyahoga County Common Pleas Court Judge Joan Synenberg handed Douglas Shine Jr. four life sentences without parole plus 380 years.
In February 2015, Shine, 21, walked into Chalk Linez barbershop, pulled two guns from his jacket and fired at least 35 bullets inside, killing 23-year-old Walter Lee Barfield, 31-year-old Brandon White and 32-year-old William Gonzalez.
A jury recommended the death penalty for Shine.
The only other time a Cuyahoga County judge overrode the jury in a death penalty case was in 1987. The defendant’s name was Alonzo Wright. He was convicted of the 1986 aggravated murder of Grover Lang. Judge Frank Gorman overrode the jury’s unanimous recommendation of death and imposed a 30-year to life sentence.
In Judge Synenberg's opinion, she cites Shine's "chaotic" upbringing as a reason behind her decision.
She wrote:
The sentencing phase testimony of Stinner Shine, the stepmom; Douglas, Sr., the father, Dr. Robert Kaplan [defense psychologist] and Judge Nancy McDonnell [mitigation specialist] soundly establish the defendant's chaotic background characterized by persistent neglect, physical and psychological abuse, parental absence, exposure to violence, addiction, instability, frequent social service involvement and undiagnosed, untreated mental issues.
Kaplan and McDonnell concluded the following based on records and reports about Shine's background from Cuyahoga County Children and Family Services, juvenile court, the youth department of corrections, Ohio Department Youth Services, Cleveland Metropolitan School District, Maple Heights schools, Cuyahoga County Jail and the Ohio Department of Rehabilitation and Corrections:
- When Shine was six months old, his mother was incarcerated for four months for abusing his brother. He was sent to stay with an aunt.
- When his mother returned home from jail she dropped Shine off at the home of his father and father's girlfriend.
- Shine became involved with the juvenile system at age 9.
- When Shine was 10 he was charged with assault.
- In the juvenile system, Shine was pressured to join the Heartless Felons gang.
- When he was 16 he was bound over to the adult system and served two years in prison.
- He was released from prison in Dec. 2014 and again jailed in Feb. 2015.
- Shine has one child, a 1-year-old daughter, who he has never touched or seen.
- Dr. Kaplan found Shine had "severe levels of anxiety, depression and PTSD, with the emotional maturity of a 5-year-old and a history of severe mental health impairment." Dr. Kaplan referred to Shine as "emotionally retarded."
Dr. Galit Askenazi, an expert clinical and forensic psychologist rebutting for the state who attempted to interview Shine twice but was denied, said there was no evidence to support he had PTSD and bipolar disorder.
McDonnell stated in her report that Shine was significantly behind and delayed academically.
According to court documents, she found: "In 2006 and 2007, at the age of 10, he was at the reading level of a 6-year-old and in the .1% of writing abilities. At age 8 with no prosocial activities or friends, Douglas began hanging out with older kids, ages 13-16."
In Judge Synenberg's statutory analysis, she writes that great weight was given to the statutory mitigating factor of youth of the offender, given that Dr. Kaplan testified that Shine had the emotional age of a 5-year-old.
Additionally, she wrote:
The Court incorporates the mitigation in the defendant's background, to wit: victim of physical child abuse, persistent neglect and psychological and physical abuse; exposure to violence; frequent absences by each parent; transiency; learning difficulties; severe behavioral problems; frequent childhood incarceration; and absolutely no parental follow upon any remedies, or plans of action.
Judge Synenberg concluded that the weight of the aggravating circumstances did not outweigh the weight attributed to the mitigating factors beyond a reasonable doubt, which lessened the appropriateness of the death penalty.
Read the entire sentencing opinion below:
