Floyd, Warner convicted of first-degree murder in Liczbinski's killing

July 29, 2010|By Joseph A. Slobodzian, Troy Graham, and Kia Gregory, Inquirer Staff Writers
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  • Eric DeShann Floyd drove the getaway car.
  • Eric DeShann Floyd drove the getaway car.
  • Howard Cain fired the fatal shot. He was slain by police.
  • Levon T. Warner is a former heavyweight boxer.
  • Sgt. Stephen Liczbinski died in pursuit of bank robbers.
  • I look forward to the day when these two gentlemen once again hook up with Howard Cain in hell. - Police Commissioner Charles H. Ramsey
  • Philadelphia police officers block Juniper Street next to the Criminal Justice Center. They closed the street to escort the family of slain Police Sgt. Stephen Liczbinski from court after the verdicts.
  • Philadelphia District Attorney Seth Williams said the two defendants had joined the bank-robbery scheme and had agreed to kill anyone who got in their way.

Neither Eric DeShann Floyd nor Levon T. Warner fired a shot the day Philadelphia Police Sgt. Stephen Liczbinski had his fatal encounter in Port Richmond with a trio of fleeing bank robbers.

But applying conspiracy law to reach two first-degree murder verdicts, a Philadelphia jury on Wednesday ruled that Floyd, the driver of the getaway car, and Warner, a backseat passenger, were as culpable as triggerman Howard Cain, 33, who was killed by police after Liczbinski's murder on May 3, 2008.

On Monday, the same Common Pleas Court jury will return to the city's Criminal Justice Center to decide whether Floyd, 35, and Warner, 41, deserve to share Cain's fate - but at the hands of a state executioner.

Story continues below.

In Pennsylvania, a jury that delivers a first-degree murder verdict must decide whether the person should be executed by lethal injection or spend life in prison without parole.

With Judge Renee Cardwell Hughes' gag order still in place, the verdicts got a muted reaction from principals on both sides of the courtroom.

Through a spokesman, the Liczbinski family declined to speak to reporters. Warner's wife, Denise, and his mother, Dolores, also did not comment.

Among police and law enforcement personnel, however, the verdicts - and findings of guilty on a long roll of accompanying charges - were celebrated with smiles, handshakes, and hugs.

"I look forward to the day when these two gentlemen once again hook up with Howard Cain in hell," Police Commissioner Charles H. Ramsey told reporters afterward. He had attended the trial several days a week since testimony began June 29.

"My personal opinion," Ramsey said, "is they should die."

District Attorney Seth Williams said Floyd and Warner had joined Cain's bank-robbery scheme and agreed to kill anyone who got in their way.

"Howard Cain was held accountable that day on the streets," Williams said. "The other two defendants were held accountable today by the jury."

Liczbinski, 39, a 12-year veteran of the department, was shot and killed four months after Ramsey was appointed head of the 6,500-member police force.

At the time, the department still was in shock from the killings of one officer in 2006 and another in 2007. In the next nine months, four more police officers would be killed in the line of duty.

Beginning Monday afternoon, the jury of seven men and five women deliberated about eight hours, returning with the verdicts shortly before 1:30 p.m. Wednesday to a courtroom filled beyond its 171-person capacity.

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