Supreme Court upholds convictions of gunman in Natalie Gibson slaying in 2011

The Kansas Supreme Court on Friday upheld the convictions of the gunman in the killing of Topeka attorney Natalie Gibson, who was fatally shot during an attempted holdup behind her central Topeka home in 2011.

Gibson was returning to her Kenwood neighborhood home from a party to celebrate her 40th birthday when she was slain on July 21, 2011.

In a ruling delivered by Justice Carol Beier, the Supreme Court found Jimmy Jermal Netherland’s attack on the sufficiency of the evidence completely meritless.

Netherland appealed convictions for first-degree felony murder, attempted aggravated robbery, aggravated robbery, conspiracy to commit aggravated robbery, aggravated battery and attempted burglary of a motor vehicle.

Netherland contended insufficient evidence existed to support his convictions and the prosecutor had committed error during closing remarks.

The court rejected both arguments.

In saying the evidence against him was insufficient, Netherland noted the prosecution didn’t have DNA evidence, the murder weapon and fingerprints.

“But Netherland’s jury heard ample direct and damning evidence of his participation in all of the events leading to Gibson’s murder, including the testimony of four accomplices who identified Netherland as willing and armed,” the Supreme Court said.

Jurors knew the accomplices gave inconsistent statements, that each received a plea deal in exchange for testimony and heard the defense attorney “aggressively attack” these weaknesses in the prosecution case, Beier wrote.

“In spite of all of this, the jury’s verdicts of guilt mean that it must have determined that Netherland’s accomplices were credible,” the ruling said.

“In summary, the evidence presented by the state in this case was entirely sufficient to support Netherland’s conviction for felony murder of Gibson,” Beier wrote. The defendant’s challenge that the evidence was insufficient “is wholly without merit.”

The court rejected Netherland’s claim the state’s failure to present DNA evidence, the murder weapon, or fingerprints meant insufficient evidence supported his convictions, noting the state presented testimony from four accomplices that Netherland was an armed and willing participant. The court affirmed Netherland’s convictions.

Netherland focused on a statement by assistant district attorney Chris Biggs during closing arguments.

“Now, folks, if for a minute you believe the state somehow contrived (a letter alleged to have been sent by Netherland while in jail awaiting trial), well, you have to acquit the defendant,” Biggs said.

Netherland argued the statement amounted to Biggs’ erroneous expression of personal belief that Netherland wrote the jail mail and that Netherland was guilty of the crimes charged.

“Because Biggs’ statement was within the wide latitude afforded a prosecutor discussing the evidence during closing arguments, there was no prosecutorial misconduct that requires us to engage in a harmlessness analysis,” Beier wrote.

On March 8, 2013, Netherland was sentenced to a life term for felony first-degree murder of Gibson with parole eligibility after 20 years.

Shawnee County District Judge Nancy Parrish also sentenced Netherland, then 19, to an additional 114 months for two convictions tied to the wounding and robbery of Lori Allison in the shooting. The three sentences are to be served consecutively.

Netherland also was sentenced to concurrent terms of 32 months for conspiracy to commit aggravated robbery of Allison, 32 months for attempted aggravated robbery of Gibson and six months for attempted burglary of a sport utility vehicle.

In his presentencing remarks, then Shawnee County assistant district attorney Chris Biggs repeatedly noted that Netherland was the man who pulled the trigger on July 21, 2011, shooting the women. Charges were brought against nine people in the case. According to testimony during hearings and trial in the cases, Allison had parked their sport utility vehicle in the carport behind their home when two gunmen confronted the women, demanding Allison’s money and Gibson’s wallet.

The gunman robbing Gibson made several demands, pistol-whipped her on the head, then stood back, aimed the pistol with two hands and shot her twice, witnesses testified. Allison was then shot in an arm.

Before sentencing, Parrish ordered Netherland, who glared at the victims’ families, friends and a victim-witness specialist in the district attorney’s office, to not look at the audience and to keep his eyes forward.