USA - Georgia. Judge Dane Perkins tossed out the death sentence of Jaoquin Enrique Arevalo, 34, Hispanic.

Butts County Superior Court Judge Dane Perkins tossed out the death sentence of Jaoquin Enrique Arevalo, 34, Hispanic. The judge cited the defense team's failure to present evidence at trial of Arevalo's alleged mental retardation, post-traumatic stress disorder and organic brain damage. "This Court therefore finds that trial counsel's performance in the sentencing phase was deficient and that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different," Perkins wrote. "Accordingly, counsel's performance was ineffective and Petitioner's sentence must be vacated." Arevalo's conviction remains, but the native of El Salvador is no longer facing the death penalty. Perkins had jurisdiction to toss the death penalty because the Georgia Diagnostic and Classification Prison, which carries out the state's executions, is located in Butts County. According to prosecutors, On April 6, 1998, Joaquin Enrique Arevalo and Ernesto Mejia entered through the back door of Tanner's, the popular Gwinnett Drive chicken eatery that Arevalo had been fired from the previous week. During the ensuing robbery - aided by Arevalo's brother, an employee who left said back door open - Arevalo shot manager Marc Ratthaus and cook Adolfo Gonzales in the back of the head. Both died. In October 1999, Arevalo was sentenced to death for both murders.