Jury recommends long sentences for robbery preceding murder of U.S. Marine in Lexington

A Lexington jury convened in the 2014 shooting death of Marine Cpl. Jonathan Price recommended Wednesday night that Quincinio Canada and Dawan Mulazim receive “enhanced” or longer sentences for the armed robbery of three people based on the co-defendants’ prior convictions.

The jury recommended a 50-year sentence for Canada on three counts of first-degree robbery. The jury also recommended 50 years for robbery plus an additional 10 years for Mulazim on a conviction of tampering with evidence, for a total sentence of 60 years. The recommended sentences for the two would mandate 20 years in prison before the possibility of parole.

Fayette Circuit Judge Pamela Goodwine scheduled final sentencing for Aug. 3.

The jury’s recommendation came a day after Canada, 26, was acquitted of murder in the death of Jonathan Price, 26, and was acquitted of assault in the wounding of Price’s wife, Megan, outside Austin City Saloon in Lexington. Canada was also acquitted of the couple’s robbery.

The jury could not come to a unanimous decision on murder, assault and robbery charges against Mulazim, 35, for his alleged role in the offenses against the Prices.

“Jonathan Price was murdered and Megan Price was assaulted outside Austin City Saloon, and we believe the evidence showed beyond a reasonable doubt the two men were on trial for this committed these crimes," said Commonwealth’s Attorney Lou Anna Red Corn, speaking Wednesday evening after the jury returned with its recommended sentencing.

“We respectfully disagree with the jury’s verdict acquitting Quincinio Canada. We intend to retry Dawan Mulazim for these crimes.," she added. "I applaud the hard work done by the prosecutors in this case.”

The jury did find Canada and Mulazim guilty in the robbery of Shane Hansford, Mitchell Smith and Jessica Rutherford (now Hansford) at a Quality Inn motel six days before the Price shootings. Police say the gun stolen in that motel robbery was used in the Price shootings.

During the penalty phase Wednesday, jurors heard about Canada and Mulazim’s previous felony convictions.

Canada’s prior convictions included sentences for wanton endangerment, theft, fleeing or evading police, and receiving stolen property. In the wanton endangerment charge, he pushed a person from a second-story platform, prosecutors said.

Mulazim’s criminal record included previous convictions on charges of possession of a handgun by a convicted felon, two counts of wanton endangerment, fleeing or evading police, assault, and tampering with evidence. The wanton endangerment charges involved Mulazim shooting a gun into an apartment.

Everybody makes mistakes “but not everybody makes mistakes where they continually shoot at other people,” Assistant Commonwealth’s Attorney Kathryn Webster told the jury in her closing argument.

“You have the power to be sure these people are held accountable,” Webster added.

The defense attorneys called relatives as character witnesses who said Canada and Mulazim had positive qualities in spite of the offenses.

“We are not defined by the worst act we have ever done,” said Kim Green, a public defender for Mulazim.

Armed robbery is typically punishable by 10 to 20 years in prison. But because Canada and Mulazim were found to be persistent felony offenders, the jury exercised its power to recommend enhanced sentences for each of 50 years.

Likewise, tampering with evidence typically carries a penalty of one to five years. But the jury enhanced that to an additional 10 years for Mulazim.

This story was originally published June 27, 2018 at 8:40 PM.