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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Article Summary
- In an annual May ceremony, friends, family and supporters of law enforcement honored two Illinois police officers who died in the line of duty in 2025.
- The event included a squad car processional and interfaith church service, ending in a ceremony at the Illinois Police Officers Memorial outside the state capitol.
- Seven historic honorees and one K-9 historic honoree were also included.
This summary was written by the reporters and editors who worked on this story.
In a ceremony at the state Capitol, family, friends and supporters honored the lives of two law enforcement officers who died in the line of duty in 2025.
The ceremony honored Officer Krystal Rivera of the Chicago Police Department and Detective Tim Jones of the Park Forest Police Department. Held annually on the first Thursday in May, the event is a tradition to honor law enforcement officers who died in the line of duty the previous calendar year.
“Today, as we remember your brothers, sisters, mothers, fathers, coworkers and friends who lost their lives in the line of duty, let us not remember them as indestructible superheroes that we may envision as children,” state Attorney General Kwame Raoul said. “Let’s remember them as human beings, in all their vulnerabilities and susceptibilities, who chose to take on the risk of the ultimate sacrifice to make others’ lives safer.”
This year’s memorial also included seven historic honorees who died from 1852 to 1936 and one K-9 honoree, Bear, who died in 1987.
“These officers represent the very best of what it means to be a public servant,” said Secretary of State Alexi Giannoulias. “They came from different communities, different departments and different backgrounds, but they were united by a common goal: to protect people they may never meet, to run toward danger while others run away and to always put service above themselves.”
In an emotional address, Giannoulias also spoke of “fellow Greek American” CPD Officer John Bartholomew, who was shot and killed while on duty in April. Bartholomew’s visitation and funeral services are set to take place this weekend.
State Treasurer Michael Frerichs also gave a short speech, speaking on his family history with law enforcement and loss: “I’m invited here today because it’s my title. I come here today because of family.”
Frerichs encouraged families of fallen officers to apply to the Fallen Heroes Scholarship Fund, which provides scholarships to children who lost a parent in the line of duty.
The event included a squad car procession at the state fairgrounds and an interfaith church service at the Cathedral of Immaculate Conception, ending in the ceremony at the Illinois Police Officers Memorial on the grounds of the state Capitol.
The mayor of Springfield, Misty Buscher, and the families of two 2025 honorees — Illinois State Police trooper Corey Thompsen and Chicago Police officer James Crowley — also spoke. Gov. JB Pritzker, Lt. Gov. Juliana Stratton and Comptroller Susana Mendoza were unable to attend.
Crowley’s sister Beth Carter gave a critical address, calling for reforms to the beneficiary system that she said left her with legal issues when her brother, a former police officer who was permanently injured while on duty, and her mother died within a month of each other.
Thompsen’s parents and brother also called for legislative reform. Thompsen was hit and killed by a driver who was later issued two tickets for an expired license and failure to yield. His family asked lawmakers to enact stricter consequences for crashes resulting in death and to communicate with other states about such events.
“If someone causes a crash that kills another person, there needs to be more of a consequence than two paid tickets for $500 each. We feel that the state of Illinois should notify the other state where the original license was issued, reporting that a fatality is caused by this person with an expired driver’s license,” Thompsen’s brother Ryan said. “As the state’s attorney told us, you won’t find any satisfaction here in the courthouse. How true that was.”
The Illinois Police Officers Memorial Committee, formed in 1987, organizes and maintains the monument located on the grounds of the Capitol. The memorial is self-funded and underwent a renovation and re-dedication in 2021.
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
ROCHESTER, Ind. (WISH) — An Indiana Silver Alert was issued Wednesday afternoon for a 16-year-old boy who has been missing for hours.
Kipton Harris was last seen about 1 p.m. Wednesday in Rochester, the alert said. The Fulton County city of 6,100 residents located about a 110-minute drive north of downtown Indianapolis.
Authorities believe Kipton may be in or traveling to the downtown Indianapolis area.
Kipton was believed to be in extreme danger and may require medical assistance. He was described as 5 feet 5 inches tall and 145 pounds, with red hair and blue eyes. He was last seen wearing a light-colored shirt, camouflage pants, and black and white shoes.
The public was urged to contact the Rochester Police Department at 574-223-2819 or call 911 with any information regarding his whereabouts.
CONESVILLE, Iowa (KCRG) – A former Conesville city clerk has pleaded guilty to theft and financial crimes after a state audit found nearly $66,000 in improper payments she allegedly made to herself and her family.
Yamira Martinez, of Columbus Junction, pleaded guilty to ongoing criminal conduct, unauthorized use of a credit card over $10,000, and first-degree theft. A forgery charge will be dismissed under the plea agreement.
Martinez served as Conesville’s city clerk from June 2022 through March 2024. Officials in Conesville requested an audit from State Auditor Rob Sand, which covered the period of July 1, 2022, through April 30, 2024.
Sand’s audit found nearly $66,000 in improper payments, more than $53,000 in uncollected and undeposited utility billings, and more than $7,500 in unsupported payments.
“Miss Martinez was interviewed about this. She stated that the 24 checks that were unauthorized payroll and were made to appear like payroll checks, she admitted, were unauthorized. She also stated that the checks were for her kids. When she was asked about personal Amazon purchases, she stated that that was her fault,” Sand said.
The nearly $66,000 in improper payments includes more than $45,000 in payroll and reimbursements paid to Martinez, as well as nearly $12,500 in purchases made using the city’s debit card.
According to Sand’s office, it is unknown whether additional utility transactions were improperly recorded or if there were additional improper payments, as city records were not well-maintained.
Martinez was originally charged with two counts of ongoing criminal conduct, two counts of theft, and two counts related to forgery and fraud.
Martinez is scheduled to be sentenced July 10 at the Muscatine County Courthouse.
Copyright 2026 KCRG. All rights reserved.
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