Secondary Navigation

Search

go

Banner Ad

News-Sun photo by TREY CHRISTY Members of the Polk County Sheriff's Office take the fingerprints of Joshua Lee Altersberger Monday morning in Bartow after he was sentenced to death for the Jan. 12, 2007 murder of Florida Highway Patrol Sgt. Nicholas Sottile.
advertisement

published: Monday, June 15, 2009

Bookmark and Share

Update: Altersberger gets death penalty

By TREY CHRISTY
trey.christy@newssun.com

BARTOW -- Judge Michael Hunter entered the Bartow courtroom on Monday morning
and, in front of a dozen of Florida Highway Patrol Sgt. Nicholas Sottile's friends and family, sentenced Joshua Lee Altersberger to death for the 2007 murder of the trooper in Lake Placid.

On the other side of the room, mostly alone, was Altersberger's mother, Rosalie. Two other women sat with her in an otherwise empty section. She sobbed quietly when Hunter announced her son would be put to death, and Altersberger waved goodbye to his mother as he was taken away.

After pleading guilty on March 13, just three days before his trial was scheduled to start, a jury recommended Altersberger for the death penalty on April 2 in a 9-3 vote.

Reading from the sentencing order, Hunter said the two proven aggravating circumstances, which would lead to a defendant receiving the death penalty, far outweighed the mitigating circumstances.

"Either aggravating circumstance standing alone would outweigh all of the mitigating circumstances," he said.

The 18-page sentencing order detailed Hunter's decision, including listing two statutory and 18 non-statutory mitigating circumstances and how much weight he considered to give to each one, from Altersberger's age, giving it "slight weight," to his dysfunctional family and home environment, giving that "moderate weight."

While the defense argued that the murder was not committed in a cold, calculated and premeditated manner, this aggravating circumstance was found by Hunter to be proven, and he gave it "great weight," detailing his decision over four and a half pages.

Hunter reviewed the transcripts of witnesses Quentin Kinder, who fled Altersberger's vehicle during the traffic stop, and Peron Merise, a truck driver who had "a clear view of what happened." Hunter cited the testimony while explaining how the court came to its decision.

Kinder testified that Altersberger had told him he was going to kill the trooper before he did, and Merise testified that before he was shot, Sottile "backed up a little and had his hands up."

According to the law, the cold, calculated and premeditated aggravator must be proven by the state showing that the murder was not prompted by emotional frenzy, panic or a fit of rage, that there was a careful plan or prearranged design to commit the murder, that there was heightened premeditation, and no pretext of legal or moral justification.

"There was no testimony that the defendant had been acting in an emotional frenzy, panic or fit of rage," Hunter wrote. "According to the witness, when it appeared the trooper was comfortable, the defendant lowered his hands, produced a weapon, and shot the trooper."

He called the murder "an unnecessary, execution-type killing," and said it was "the type of killing for which this aggravating circumstance was intended."

Citing the Florida Supreme Court, Hunter said the heightened premeditation required to sustain the aggravator is one where the defendant has the opportunity to leave the scene but, instead, commits the murder.

"He could have attempted to disarm the trooper when the trooper took a step back and raised his hands," Hunter wrote. "Instead, he shot him."

Altersberger will have 30 days to file his appeal but his defense attorneys have already told Hunter they intend to do so.




Death Penalty  (by: Spectre  -   6/19/2009)

The death penalty in Florida should be like that in Korea and China. An individual sentenced to death is placed in a cell. He is not given an advance notice of his impending execution. He/she gets a knock on thier cell door and is told......."it is time". The inmate also gets a knock on the door twice a day when he/she is fed. So.......the knock on the cell door could mean it's time to eat or........don't worry about any future meals. Imagine the things that go through an inmate's mind with every knock on the cell door. Now that's what I call real punishment.....playing with thier heads.

Rapist should have worn a jimmy cap  (by: Green Mile  -   6/19/2009)

Too bad the needle will take years to puncture the vein. Meanwhile,enjoy paying for his room and board.

Are you kidding???  (by: Unbelievable  -   6/18/2009)

Bottom line is, whether or not he "meant" to kill Officer Sottile is irrelevant. He did it. I am so tired of criminals with the excuse they had a rough childhood, everyone has had rough times at some point in their lives; it does not excuse him from his actions or make him any less responsible for what he has done. If he was under the influence, he made the choice to consume the alcohol or (illegal) drugs that day. Now he must pay for his decisions. Yes two families are suffering; however, Officer Sottile’s family is suffering because he chose an honorable profession trying to make his community a safer place to live for you, me and Mr. Altersberger’s family. God bless the men and women in law enforcement. They are real heroes in my eyes!

THOUGHTS  (by: Frank  -   6/18/2009)

I couldnt agree more!!!! Well said

Thoughts  (by: dumbred-necks  -   6/17/2009)

From a rational perspective this does not seem like a pre-meditated calculated murder but rather an impulsive emotional and purely idiotic action that was full of rage and hatred. I do not think this was death penalty case at all and would have sentenced this punk to life in prison. The defendant did not personally know the victim and did not seek any material gain from his act. He was under the influence of drugs/alcohol and was driving erratically on the road, hence I would argue that he was in the state of extreme emotional frenzy when he commited this tragic act. But of course of blood-thirsty "Christian" red-necks in Polk county want this kid dead

trooper  (by: just my thoughts  -   6/17/2009)

reality is jimmy sottile, well that explains the outburst.!!!! once again my prayers to nicks children. may they find some sort of peace in there life.everyday on this earth is a gift not a given.. make the best of it. tell your loved ones everyday how much you love them, this tragic death should make us all stop and think.

To Mr. Sottile  (by: Mike  -   6/17/2009)

First let me say I am sorry for the loss of your brother. Second, I believe the other person who wrote a post was meaning your brothers children. I can not imagine how your family feels. But I do know, that putting this boy to death is not going to help your family. But the decision has been made. I also agree with what the another person said, not one persons life is more valuable then anothers, if he had killed a person who was not a trooper, he would have not received the death penalty. Again, I am sorry for your loss and your family is in my prayers

no need for an appeal  (by: D. Jones  -   6/17/2009)

no need to waste tax payers money on this one. he choose to plead guilty and not fight the charges because he knew he was wrong. no basis for an appeal, but someone will find away to strecth this one out.

  (by: ?  -   6/16/2009)

I agree that there should be a long term punishment as well as many of years of mental health rehab,however I do not believe he should be put to death.The reason they sentenced him to life is because he killed a state trooper and that doesn't justify it.If it were me he killed,he would be out in 20 years.My life is just as valuable.I don't agree with what he did my any means,i'm just saying lets treat everyone who leaves their home to go to work,equal.We all put our lives on the line on way or the other.My thoughts are with both families.

Vest  (by: yeah  -   6/16/2009)

Even if he was wearing his vest I have heard that he was shot in an area that the vest does not cover.

Cranky? Not  (by: Jimmy Sottile  -   6/16/2009)

Just tired of seeing Police Officers killed and these maggots defended. 43 Police Officers were killed last year alone. You should have been sitting there listening to excuses why he killed Trooper Sottile. It was embarrassing . Especially when his lawyer stated , "it's has been an honor to represent Mr. Altersberger and Mr. Altersberger did shoot Trooper Sottile, but he didn't mean to kill him. By the way- I'm not cranky, nor did read the statement incorrectly, I have a broken heart. Trooper Sottile (NICKY) is my brother.

Conviction  (by: mbaker  -   6/16/2009)

It seems impossible to explain to young adults how short and precious life really is. We all say it, but to a young adult who thinks his life will last forever has no real concept of what really death means. At their age life means little. Especially the ones who come from disfunctional and/or broken homes. Then comes along an innocent officier who has started to take traffic stops and people for granted after stopping hundreds, if not thousand of motorist. This young man got everything he deserves, but how many other young people has it convinced of how serious murder is. Probably none. And just like the song "In The Getto" made popular by Elvis Presley, it will be repeated, unfortunetly many more times. I really feel sorry for both of the families, and especially the officiers family, who's job this officer chose was in protecting all of us. What a waste of a life and of fond memories this officer would have made for his family, and this young man could have made for his.

TROOPER  (by: just my thoughts  -   6/16/2009)

oh reality !!!!! just a tad cranky are we?.. not a thug hugger and i am aware of where he was shot. mr cranky britches, no blame shifting either... heres hoping your day goes better.

To Reality  (by: Lowie  -   6/16/2009)

hey, ease up there!!!!! you need to reread what JUST MY THOUGHTS, when he was talking about " his children" he was refering to the troopers children. And the man who killed him was a child when he did it. He never said he shouldnt be punished. you need to redirect your anger here. You did not read the post correctly

Trooper's Murder!  (by: REALITY  -   6/16/2009)

The Trooper was Murdered. He didn't die. He was shot in the top of his collar bone. You know, doing his job. Whether he was wearing a vest or not would not have saved him. Don't be so pathetic and try and shift the blame. I'm sure you wouldn't spout this stupidity if it was your family member. You call him a child? Children wear diapers. All others can kill you. Feel sorry for his children? His children will be spared being raised by a convicted coward. You're just another "THUG HUGGER"!

families  (by: Gabe and Anette  -   6/16/2009)

We could go on and debate this for ever. The facts are, two lives are over and two families have lost a loved one. There is pain all around and faith is the only thing that will help these families. Justise will not help, putting the boy to death will not help. It may make the family feel justice has been served,. but in the long run, it will not make them feel any better. To the mother of this young boy, love him now and let him know you love him and be there for him as often as you can. Pray with him. Both these families are in our prayers

What about the law...  (by: LP Guest  -   6/16/2009)

Yes, it is sad; and yes, I too feel for the mother who is going to lose her son... but if we had more people being punished the RIGHT way, maybe crime rates would go down and we could avoid this sadness! A slap on the wrist and time in prison (at the working man's expense, no less - which is like a slap in the face!) is not going to do the trick. Dysfunctional home life be damned... a 19 year old "man" knows right from wrong, and he should also know that he is playing with his own life when he takes the life of another HUMAN BEING into his own hands!!! He's lucky he did not suffer the same fate as the man in Lakeland who was found armed in thick brush after fatally shooting a Polk County deputy almost 3 years ago; you can read about it here: http://www.msnbc.msn.com/id/15047117/. It's a shame that it will probably take many years to see this sentence carried out... If you want to know more about how the law should be carried out and what happens when it isn't, read Rick T.'s post - or better yet, just wait around to see what happens since we have so many freaks who think that capital punishment isn't the answer. When we started caring about the life of murderous criminals (who obviously do not care about the life of their victims), we started a trend in this country that says, "It's OK to kill!" I say go back to "an eye for an eye!"

trooper death  (by: just my thoughts  -   6/16/2009)

johnjohndoe...... nobody was tricked into thinking he was safe... every officer knows when they walk out of that car on a traffic stop it could go very wrong.....this should have also been the move that made it mandatory for all fhp to wear there vest!!! but it did not and yes this will happen again. this will no longer be news worthy because this child will go to a prison to start his wait.for him to be put to death and yes it will be atleasy 10 years. or more till he is put tot sleep... as always prayers to his children that they find some sort of peace in there life...

Murderer  (by: Larry  -   6/15/2009)

A coward with a chip on his shoulder wanting to be 'BAD'. I agree with the express lane death row idea, GIT R DONE!!!!

no revenge  (by: izzy  -   6/15/2009)

this can appear to be about revenge. however, it is only because other "murderers" have not been given the death penalty. i agree with the death penalty and also think we don't use it enough.

la la land  (by: laricia  -   6/15/2009)

nick, will u marry me?

Leaves me cold  (by: Jim  -   6/15/2009)

The was the right choice,but it is so sad for all involved. The judge really had no other choice, I will always feel for the Soltie's and his mother. We all have things in our childhood that are not perfect, but we don't go around shooting people either. These are the cases where our judges earn there pay.

so sad??  (by: reader  -   6/15/2009)

This is not about revenge, it's about the law of the land.

Re: Bruce - So Sad.  (by: Rick T.  -   6/15/2009)

Revenge has nothing to do with this. We have laws to deter this kind of behavior and without them we all become Barbarians with a "survival for the fittest" mentality. He will eventually get his due. Mr. Altersberger made a conscience decision to end Trooper Sottiles' life and for that he must die. It's that simple ! God forbid, it could have happened to anyone of our family members as a person with this type of cold blooded, killer mentality could care less about anybody he aimed a gun at. You're right, it's really a shame that Mr. Sottiles family will never celebrate another Christmas, Father's Day, Birthday, or get to see his kids and grandkids grow up. That's where the true injustice comes in. Why should Mr. Altersberger see another sunrise? Carry out the sentence ASAP. My sympathies go to the Troopers family.

altersberger death penalty  (by: johnjohndoe  -   6/15/2009)

A public hanging would be nice. The Officer was tricked into feeling safe, then murdered in cold blood.

Finally  (by: Guest  -   6/15/2009)

Fry him

Bruce  (by: Jackie  -   6/15/2009)

I agree. Two families have been torn apart by this. I can not imagine how the mother of this boy feels or how the Sotile family feels.

so sad  (by: Bruce  -   6/15/2009)

now there are 2 grieving families. revenge is never the answer.....

To Everyone involved  (by: Terry  -   6/15/2009)

This is tragic for EVERYONE involved. I feel for the Soltie family and I feel for the family of Joshua also. No one wins in this situation. May God bless everyone who was affected by this and may God have mercy on Joshua's soul.

trooper death  (by: flowerpot  -   6/15/2009)

sad, sad , sad, all the way around.. 2 families torn apart

Wow  (by: Gingerlee  -   6/15/2009)

bout time. He deserves it.


captcha 9b1dfca44e4d47dcbf4cd9645ee3fb3e

Small Banner Ads

Search powered by: MIDFLORIDA

Featured Auto

Featured Home

Marketplace Ads

Tile Ads

HarborPoint Network: The Daily CommercialThe South Lake PressNews-SunWashington Jewish Week

All Contents Copyright 2008, HarborPoint Media and The News Sun.
2227 US 27 - Sebring, FL - 33870 -- 863-385-6155

Please read our Privacy StatementContact Us