Pimp Who Burned Prostitute To Death Gets New Lease On Life, Kinda

The California Supreme Court has overturned the death sentence of a pimp convicted of burning one of his prostitutes to death. Justices ruled today that jurors were improperly instructed on a special circumstance allegation of kidnapping.

Gary Galen Brents was convicted of first-degree murder and handed a death penalty sentence in 2000 for the October 4, 1995 murder of 26-year-old Kelly Gordon. What prompted Brents to kidnap Gordon, shove her into the trunk of a Cadillac, douse her in gasoline and leave her to burn to death in a remote area of Lakewood? It was a classic "Where's my money?!" scenario. City News Service says the two were arguing over the proceeds of a $100 methamphetamine sale. Gordon reportedly could not come up with the money for the drugs, prompting Brents to force a plastic bag over her head, which she managed to remove, and then choke her.

During the trial, jurors found true the special circumstance of kidnapping but failed to reach a verdict on a special circumstance of torture. Prosecutors decided against a second trial on the torture special circumstance. Justices, citing the law in place at the time, ruled that jurors needed to find that the kidnapping occurred independently of the murder. Supreme Court Justice Joyce Kennard wrote jurors were poorly instructed on that point. Therefore, like the torture special circumstance, the kidnapping special circumstance must be stricken.

Brents will be retried on the kidnapping special circumstance; justices speculated Brent's motive for kidnapping Gordon could have been independent of intentions to kill her. One example justices provided was perhaps Brent had not decided to kill Gordon at the time of the abduction and decided to drive around to think about it.

Justice Kathryn Werdegar agreed with the opinion but said, "In my view, the evidence, as
opposed to speculation and conjecture, admits only the conclusion that defendant transported the victim to another location simply to kill her...'' Prosecutors said Brents told one of the three women he was staying with at a hotel he had to "take her out... because she will tell."

Brents could be sentenced to life in prison, or prosecutors may seek to retry the penalty phase of his case, according to L.A. Now.