United States District Court for the Eastern District of Pennsylvania Stays Execution of Borgela
Philistin, Jr., aka Bortela Philisten, set for April 23, 2013, for Murder of Philadelphia Police Officer Robert Hayes
March 8, 2013
The United States District Court for the Eastern District of
Pennsylvania stayed the April 23, 2013, Pennsylvania execution of
Borgela Philistin, Jr.
March 1, 2013
Borgela Philistin, Jr., also known as Bortela Philisten, is scheduled
to be executed at 7 pm EDT, on April 23, 2013, at the State Correctional
Institution at Rockview, in Bellefonte, Pennsylvania.
Thirty-nine-year-old Bortela is convicted of killing Philadelphia
Police Officer Robert Hayes. Bortela has spent the past 18 years on
death row.
According to court records, Philadelphia Police Officers Robert Hayes
and John Marynowitz made a routine traffic stop on June 16, 1993. The
vehicle was a taxi and Philistin was the passenger. As the police
approached the vehicle, Philistin emerged from it and went after one
of the police’s guns. Philistin was able to grab a gun and started
shooting. Robert was shot in the head and abdomen. He died from his
wounds. John was shot in the back and head. John survived, although he
is now a paraplegic.
Philistin ran from the scene as other police officers began to pull
up. He was arrested a short while later. Near where he was arrested,
police found a bag of cocaine. Police allege that Philistin was a drug
dealer.
Gunpowder residue was found on Philistin’s hands. Blood on his
clothing matched the blood of the wounded police officers.
Philistin confessed to crime. This confession was used during his
trial. Also in the confession, Philistin admits that he was in the
process of delivering cocaine. There were also various eyewitnesses.
The Haiti Progres tells a different story. According to them,
Philistin was a student who worked nights and lived with his aunt. He
said, “I had with me a ‘doggy bag’ of food which…I intended to share
with my aunt.” As the police approached the taxi, Philistin explains
what happened next. “Carefully, I raised my hands in the air as they
demanded. The bag of food lay on the floor of the cab at my feet. One
of the policemen, yelling, asked me what was in the bag. I answered
that if was food and bent down to show him the contents when he hit me
with his metal flashlight. The blow hit me in the mouth and broke two
of my teeth. The policeman then grabbed me and pulled me out of the
car through the window. The two policemen then began furiously beating
me. I was afraid, I had a bloody mouth, and I was suffering a great
deal. When one of the policemen pointed his revolver at me and yelled
that he was going to kill me on the spot, I thought I was going to
die. I began to fight for my life.”
Philistin, who is from Haiti, does not deny shooting the officers but
claims it was self-defense. The Haiti Progres goes on to allege that
Philistin had ineffective counsel who never considered Philistin’s
story, and that Philistin’s lawyer failed to notify the Haitian
Consulate.
Borgela Philistin will likely be given a stay of execution, as he has
not completed all of his appeals.
Philistin, Jr., aka Bortela Philisten, set for April 23, 2013, for Murder of Philadelphia Police Officer Robert Hayes
March 8, 2013
The United States District Court for the Eastern District of
Pennsylvania stayed the April 23, 2013, Pennsylvania execution of
Borgela Philistin, Jr.
March 1, 2013
Borgela Philistin, Jr., also known as Bortela Philisten, is scheduled
to be executed at 7 pm EDT, on April 23, 2013, at the State Correctional
Institution at Rockview, in Bellefonte, Pennsylvania.
Thirty-nine-year-old Bortela is convicted of killing Philadelphia
Police Officer Robert Hayes. Bortela has spent the past 18 years on
death row.
According to court records, Philadelphia Police Officers Robert Hayes
and John Marynowitz made a routine traffic stop on June 16, 1993. The
vehicle was a taxi and Philistin was the passenger. As the police
approached the vehicle, Philistin emerged from it and went after one
of the police’s guns. Philistin was able to grab a gun and started
shooting. Robert was shot in the head and abdomen. He died from his
wounds. John was shot in the back and head. John survived, although he
is now a paraplegic.
Philistin ran from the scene as other police officers began to pull
up. He was arrested a short while later. Near where he was arrested,
police found a bag of cocaine. Police allege that Philistin was a drug
dealer.
Gunpowder residue was found on Philistin’s hands. Blood on his
clothing matched the blood of the wounded police officers.
Philistin confessed to crime. This confession was used during his
trial. Also in the confession, Philistin admits that he was in the
process of delivering cocaine. There were also various eyewitnesses.
The Haiti Progres tells a different story. According to them,
Philistin was a student who worked nights and lived with his aunt. He
said, “I had with me a ‘doggy bag’ of food which…I intended to share
with my aunt.” As the police approached the taxi, Philistin explains
what happened next. “Carefully, I raised my hands in the air as they
demanded. The bag of food lay on the floor of the cab at my feet. One
of the policemen, yelling, asked me what was in the bag. I answered
that if was food and bent down to show him the contents when he hit me
with his metal flashlight. The blow hit me in the mouth and broke two
of my teeth. The policeman then grabbed me and pulled me out of the
car through the window. The two policemen then began furiously beating
me. I was afraid, I had a bloody mouth, and I was suffering a great
deal. When one of the policemen pointed his revolver at me and yelled
that he was going to kill me on the spot, I thought I was going to
die. I began to fight for my life.”
Philistin, who is from Haiti, does not deny shooting the officers but
claims it was self-defense. The Haiti Progres goes on to allege that
Philistin had ineffective counsel who never considered Philistin’s
story, and that Philistin’s lawyer failed to notify the Haitian
Consulate.
Borgela Philistin will likely be given a stay of execution, as he has
not completed all of his appeals.
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