Midwest
Two federal death row inmates refuse Biden's commutation in continued fight to prove their innocence
Two of the 37 inmates on federal death row whose sentences were commuted to life without parole last month by President Biden are rejecting clemency.
Shannon Agofsky, 53, and Len Davis, 60, who are both in the U.S. Penitentiary in Terre Haute, Indiana, are refusing to sign the paperwork to accept the president’s clemency action due to the legal avenues they are afforded on death row, according to court documents.
The pair filed emergency motions in federal court on Dec. 30 requesting an injunction to block the change to their death sentences, saying that accepting their commutations would remove the heightened scrutiny that death penalty appeals receive.
Heightened scrutiny is a legal process in which the courts examine cases like death penalty appeals closer for errors because these cases are a matter of life or death.
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Two of the 37 federal inmates on death row whose sentences were commuted to life without parole by President Biden are rejecting clemency. (AP Photo/Manuel Balce Ceneta)
“To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny,” Agofsky’s filing reads. “This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures.”
Davis, a former New Orleans police officer, “has always maintained that having a death sentence would draw attention to the overwhelming misconduct” against the Justice Department, he wrote in his filing.
But, as Davis noted, case law on this issue is “quite murky” and there is no guarantee the two inmates can have their death sentences restored.
Notably, the Supreme Court ruled in 1927 that a president may grant reprieves and pardons without the convict’s consent. Both inmates wrote in their filings that they never requested commutation.
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A jury convicted Agofsky in the 1989 murder of Dan Short, an Oklahoma bank president. His body was found in a lake after prosecutors said Agofsky and his brother, Joseph Agofsky, kidnapped and killed Short before stealing $71,000 from the bank.
Joseph Agofsky was found not guilty of murder, but was sentenced to life in prison for the robbery. He died behind bars in 2013.
Shannon Agofsky was sentenced to life in prison after he was convicted on murder and robbery charges. He was later convicted in the 2001 stomping death of fellow inmate, Luther Plant, while he was incarcerated in a Texas prison. A jury recommended a death sentence in that case in 2004.
A Texas jury recommended Shannon Agofsky be sentenced to death after he was convicted of killing a fellow inmate while incarcerated. (AP)
Agofsky said in his filing last week that he is disputing how he was charged with murder in Plant’s death and that he is also seeking to “establish his innocence in the original case for which he was incarcerated.”
His wife, Laura, who married him in 2019 over the phone, told NBC News that his lawyers had encouraged him to seek a presidential commutation, but he refused because he was afforded legal counsel crucial in his appeals as a death row inmate. She said her husband still has lawyers helping him in his case.
She told the outlet that her husband only having his sentence commuted is “not a win for him” because she believes there is evidence that can prove his innocence.
“He doesn’t want to die in prison being labeled a cold-blooded killer,” she said.
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Davis was found guilty in connection with the 1994 murder of Kim Groves, who had filed a complaint against him as a police officer on allegations he beat a teenager in her neighborhood. Prosecutors charged Davis with violating Groves’ civil rights after accusing him of hiring a drug dealer to kill her.
A federal appeals court tossed out Davis’ original death sentence, but it was reinstated in 2005.
Davis “has always maintained his innocence and argued that federal court had no jurisdiction to try him for civil rights offenses,” his filing reads.
Only three of the 40 men on federal death row are still facing execution following President Biden’s commutations last month. (AP Photo/Sue Ogrocki, File)
Both Davis and Agofsky are urging a judge to appoint a co-counsel in their requests for an injunction of the commutations.
The Justice Department issued a moratorium on executions during the Biden administration, but President-elect Trump has vowed to expand federal executions when he returns to the White House later this month.
“I am more convinced than ever that we must stop the use of the death penalty at the federal level,” Biden said in a statement last month. “In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
The three federal death row inmates who were not granted clemency were Dzhokhar Tsarnaev, who was convicted in the 2013 Boston marathon bombing; Dylann Roof, who was found guilty in the 2017 mass shooting at a Charleston, South Carolina, church; and Robert Bowers, who was sentenced for the 2018 mass shooting at a Pittsburgh Synagogue.
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A Minnesota police sergeant and father of two died less than 24 hours after doctors diagnosed him with a brain infection, leaving behind a young family and a stunned community.
Sgt. Cody Siebert, a K-9 officer with the East Range Police Department, died Feb. 27, the department announced. He was remembered as a devoted father, loyal colleague and a fixture in the small northern Minnesota community he served.
Siebert helped launch the K-9 program in Babbitt, Minnesota, alongside his police dog, Taconite, before later joining the East Range Police Department.
“Sgt. Siebert was well known for his happy-go lucky personality,” the department wrote in a Facebook tribute. “It was best said that if you couldn’t get along with Cody, it was your fault.”
Sgt. Cody Siebert is remembered by colleagues and community members as a dedicated officer and devoted father who left a lasting impact on northern Minnesota. (East Range Police Department)
“The hole left by Sgt. Siebert’s passing will be impossible to fill,” the department added.
A GoFundMe page launched by Siebert’s family has raised more than $107,000 as of Tuesday evening. He is survived by his life partner, Karen Blais, and their two sons, ages 1 and 2.
“To know Cody was to have a friend. He had a rare gift for connection — if you crossed paths with him, you knew you were in for a genuine conversation. He truly enjoyed people, and his absence leaves a void in our community that will be felt by many,” his family wrote on the fundraising page.
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Sgt. Cody Siebert, a K-9 officer with the East Range Police Department in Minnesota, died Feb. 27 less than 24 hours after being diagnosed with a brain infection. (East Range Police Department)
Blais told The Minnesota Star Tribune that Siebert woke up last week suffering from a headache that had begun the day before. He was hospitalized, and doctors determined that an infection in his nasal passage had spread to his brain, according to the newspaper.
“He loved people — being in that position and being able to help people in general,” his brother, Brandon Siebert, told the outlet. “Not just getting the bad guys, going to the school, checking in with people.”
The tragedy comes just months after another loss in the extended family. According to the Star Tribune, Siebert’s sister-in-law, Alyssa Siebert, died last October from a brain aneurysm.
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Sgt. Cody Siebert poses with his K-9 partner, Taconite, and Chief Tim Soular. (East Range Police Department)
“We’re in a déjà vu of an unusual situation,” said his other sister-in-law, Ashley Siebert. “They both helped others the whole time. They were both great people. They’ve done more than most 30-year-olds have accomplished in their lives.”
Like his sister-in-law, Siebert donated his organs, the newspaper reported.
The East Range Police Department in Minnesota announced the unexpected death of Sgt. Cody Siebert on Feb. 27. (East Range Police Department )
Mesabi East Schools also paid tribute, remembering Siebert as someone who saw the potential in every student.
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“The impact he had on our students and staff cannot be measured. He wasn’t just our K9 officer, he was a mentor, a role model, a friend, and a steady, positive presence in our Giants community,” the school district wrote.
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A new mixed-use, mixed-income apartment building proposed for Detroit’s Brush Park is expected to bring 37 units of housing to the neighborhood, according to the project’s lead developer.
The $12 million project at 205 Watson St., known as Wallace Estates, is owned by Detroit rapper Tee Grizzley, whose legal name is Terry Wallace. The 30,000-square-foot development is expected to go before the Detroit Historic District Commission on Wednesday for review. Because the quarter-acre site sits within a historic district, the commission must approve elements such as windows, brickwork, facade materials and other architectural features.
Wallace Estates is planned to be a five-story building with the residential units across the first four floors. The ground floor is expected to include a lobby, a walk-up apartment, commercial space and tuck-under parking. A partial fifth floor will house indoor and outdoor amenities for residents. The building is designed with a masonry facade and large, offset windows, according to the project application.
“Detroit raised me — I’m a west side kid, and I’m passionate about bringing mixed-income housing to my city,” Wallace said in a statement Thursday. “The 205 Watson project is about building safe, quality housing for everybody; that respects longtime residents and welcomes new neighbors — building opportunity without pushing people out.”
The project was the winning bid of a City of Detroit request for proposals for the site, said Nevan Shokar, principal of Shokar Group and the day-to-day development lead. McIntosh Poris Architects is the designer.
“It’s an infill site that’s bringing high-quality housing, both for affordable and market-rate renters,” Shokar said. “And I think it complements the neighborhood nicely with the brick aesthetic, as well as the brass inlays in the windows.”
Construction could begin this summer and be finished in 18 months, Shokar said, placing completion at late 2027.
Wallace Estates will join a wave of new residential development in Brush Park, a neighborhood that has seen nearly a decade of revitalization. Last summer, Bedrock celebrated the completion of City Modern, a nearly 10-year effort to transform a once-neglected area of the historic district.
Shokar said the building would primarily include studios and one-bedroom units, with a few two-bedroom apartments. About 20% of the units will be designated affordable at 80% of area median income, with the remainder rented at market rates.
“The highest demand that you have within this neighborhood and across the city as a whole, is to produce more studio and one-bedroom units,” Shokar said. “The two-bedroom units sometimes and larger sometimes have a hard time filling up, leasing up within buildings, and that’s why you typically see units generally smaller in size.”
Shokar said estimated rents for the new building could range from $1,800 per month for a 450-square-foot studio to $2,700 per month for an 800-square-foot two-bedroom unit.
Shokar said the team will pursue incentives including a Neighborhood Enterprise Zone tax abatement and a housing tax increment financing package.
cwilliams@detroitnews.com
Illegal dumping plagues closed Pick ‘n Save
Neighbors say since a Milwaukee Pick ‘n Save at 35th and North closed in 2025, the parking lot has been filling up, but not with cars or people. It has been attracting illegal dumpers.
MILWAUKEE – Neighbors say since the Milwaukee Pick ‘n Save at 35th and North closed in 2025, the parking lot has been filling up, but not with cars or people. It has been attracting illegal dumpers.
Trash piling up
What we know:
There are old mattresses and furniture in the parking lot. There are piles of garbage at the entrance of the old grocery store. Behind the building, there are tires, more mattresses and more trash.
Illegal dumping at former grocery store near 35th and North, Milwaukee
The Pick ‘n Save stores closed in July 2025. Since then, the building has sat empty.
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FOX6 News was contacted by a man who manages senior and family housing in the area. He said in the last couple of months, he has noticed the stile turn into a place for illegal dumping. The man said he was so fed up, he called the office of Milwaukee Alderman Russell Stamper about the problem. The man said the whole site is an eyesore, and something needs to change.
Illegal dumping at former grocery store near 35th and North, Milwaukee
Change sought
What they’re saying:
“As the snow melts, it’s full of garbage. People are dumping furniture on it, tires,” said Jeffrey Sessions, who manages nearby property. “If you drive around it, it’s garbage everywhere. It’s unsightly for the neighborhood, and it’s probably going to create rats and mice problems.”
FOX6 News reached out to the Department of Neighborhood Services. Officials said the dumping has not been reported. They said the department’s commercial team will now be made aware of the issue.
Illegal dumping at former grocery store near 35th and North, Milwaukee
“It makes the whole neighborhood look like garbage, like nobody’s taking care of anything around here,” Sessions said. “It’s a detriment, it’s unsightly, and it needs to be addressed.”
Illegal dumpers could face fines
Dig deeper:
If the dumpers are caught on camera, they could face fines.
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The owner of the property may also be ordered to clean it up.
Illegal dumping at former grocery store near 35th and North, Milwaukee
The Source: Information in this post was provided by a person who owns property near the former grocery store, as well as Milwaukee Department of Neighborhood Services.
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