Miguel Rios

Case record: Miguel Rios

Background

Miguel Rios was sentenced to death on April 2, 1996 for the shooting death of Miguel Basilio. This was the second time Rios had been sentenced to death in Pennsylvania. The Supreme Court of Pennsylvania issued opinions J-103-1998 and J-86-2003.

Rios had previously been sentenced to death on October 5, 1994 for murdering 21-year-old Jose Ortiz.

The offence

Shooting death of Miguel Basilio

On Sept. 19, 1992, Rios and his unidentified partner terrorized Basilio's wife, sister and four small children for more than two hours before shooting and killing Miguel in front of his family.

Murder of Jose Ortiz

On August 27, 1992, Miguel Rios rang the doorbell of a residence where Jose Ortiz lived with his girlfriend, Carmen Colon, their two-year old son, and Carmen’s sister, Irma Colon.

When Irma Colon answered the door, she found Rios dressed in a Philadelphia Gas Works uniform and representing that he was there to check the gas meter. After being let into the house, Rios took hold of Irma Colon’s neck and demanded that she give him the key to admit an accomplice into the house.

Rios and his accomplice proceeded to the bedroom in which Mr. Ortiz, Carmen Colon and their son were sleeping. He threatened to kill Irma Colon unless Ortiz let him into the bedroom. Rios then demanded money, jewelry, and drugs.

Rios forced Ortiz and Irma Colon to the floor, threatening to kill them if he did not find what he was seeking. The accomplice proceeded to ransack the house.

Rios beat Irma Colon in the head with his gun until she lost consciousness. Carmen Colon watched as Rios and his accomplice beat Ortiz and bound his hands and feet. Her eyes were closed when she heard a gunshot. When she opened them, she saw Ortiz laying on the floor with a gunshot wound to the head.

Thereafter, both Irma and Carmen Colon were able to identify Rios from a police photo array.

Investigation

After being identified, Rios was apprehended following the issuance of a warrant. Rios was apprehended while hiding in the closet of a home in Lancaster.

Arrest

After a warrant was issued, Rios was apprehended while hiding in the closet of a home in Lancaster and arrested.

Trial

Conviction for the murder of Jose Ortiz

On June 17, 1993 a jury convicted Rios of first-degree murder, robbery, unlawful restraint, aggravated assault, burglary, criminal conspiracy, and possession of an instrument of a crime.

Sentencing

Penalty phase findings and sentence for Jose Ortiz

At the penalty phase, the jury found three aggravating circumstances:

• the murder occurred in the perpetration of a felony (burglary)
• defendant knowingly created a grave risk of death to another
• defendant had a significant history of violent crime felony convictions

The jury found two mitigating circumstances:

• defendant was under the influence of extreme mental or emotional disturbance at the time of the crime
• and the defendant’s circumstances fit within the catch-all mitigating circumstance

As the mitigating circumstances were out-weighed by the aggravating circumstances, the jury sentenced Rios to death for the murder of Jose Ortiz.

Sentencing for the murder of Miguel Basilio

Rios was sentenced to death on April 2, 1996 for the shooting death of Miguel Basilio.