Published: Wednesday, December 23, 2009
Death penalty possible for Forde
The Everett woman and two co-defendants could be executed if found guilty.
TUCSON, Ariz.— An Arizona judge has cleared the way for prosecutors to seek the death penalty for an Everett woman and two men, each charged in connection with a fatal home-invasion robbery.
A Pima County Superior Court judge made the ruling Monday after hearing gruesome details of a double killing at a home in Arivaca, Ariz. If Shawna Forde, 42, and her co-defendants are convicted, there is probable cause to support the death penalty, Judge John Leonardo held in a non-binding ruling.
He reached the decision after listening to testimony from Pima County Sheriff’s detective Juan Carlos Navarro and arguments from Pima County deputy attorney Rick Unklesbay and lawyers representing the defendants.
Leonardo ruled that if proven at trial, each of the alleged aggravating factors presented by the prosecution could qualify the defendants for the death penalty.
Forde was the self-described leader of a border watch group she called Minutemen American Defense. Along with Albert Gaxiola, 42, of Arivaca and Jason Bush, 35, of Meadview, Ariz., the trio is accused of posing as law enforcement officers during a home invasion on May 30. That’s when Raul Flores, 29, and his daughter, Brisenia, 9, were shot and killed. The girl’s mother also was shot, but played dead for a time. She called 911, then grabbed a handgun and exchanged gunfire with the intruders, hitting Bush in the leg and driving the group away, Navarro said.
Gaxiola and Bush were present in court on Monday. Forde was not, but was represented by two lawyers, one of whom said Forde “wanted to stay out of the limelight.”
The detective said the intruders wielded guns that had duct tape on them. When Flores asked why there was tape on the guns, a man with his painted face commando style said “don’t take this personally but this is for you.” He shot Flores multiple times and then shot his wife three times.
When the first bullets hit Flores, he said, “Don’t shoot my wife, don’t shoot my wife,” Navarro testified.
According to an 89-page statement Bush gave the detective, after Flores and his wife were shot, Bush knew the girl was still in room. He told police, “I was hoping she would be quiet and they (Forde and Gaxiola) would forget about her” while ransacking the house looking for money or drugs to sell.
Instead, Brisenia, who was an elementary school student, cried out, “Why are you shooting my daddy? Why are you shooting my mommy?” then said, “No, no, no,” and was shot and killed, Navarro said.
Defense lawyers Eric A. Larsen, representing Forde; Jack Lansdale, representing Gaxiola; and Christian Kimminau, representing Bush, each argued against prosecutors having legal grounds to seek the death penalty.
Unklesbay argued that the defendants are qualified for the death penalty on different grounds, including committing the crimes for money, in a “cold and calculating” manner and in a cruel manner.
Navarro testified the trio discussed robbing a drug dealer for money; conducted a reconnaissance patrol past the Flores home in a van; then armed themselves and forced their way into the Flores home after 1 a.m.
The hearing also provided a peek at strategies defense attorneys may use at trial.
Lansdale said there is no evidence Gaxiola was present at the time of the homicides and a witness places him in Tucson. Unklesbay said DNA found on an AK-47 rifle in Flores’ kitchen was matched to Gaxiola’s and that a neighbor saw him shortly after the shooting outside his Arivaca home attempting to start his car.
Larsen said Forde had no serious felony convictions and argued there is no evidence to connect her with the killings. Prosecutors have filed court papers alleging that jewelry taken during the home invasion was in Forde’s possession when she was arrested. Navarro said Forde planned the home invasion and allegedly ordered Bush to go back into the home after she noticed Flores wife calling police.
Bush reportedly is connected to the killing scene by genetic tests on the blood trail left behind by the wounded robber, according to court papers. Because Bush gave police lengthy statements, the court has ordered a separate trial for Bush, which is now scheduled for late 2010. Forde and Gaxiola will still face trial together, and that trial is scheduled for January 2011.
A Pima County Superior Court judge made the ruling Monday after hearing gruesome details of a double killing at a home in Arivaca, Ariz. If Shawna Forde, 42, and her co-defendants are convicted, there is probable cause to support the death penalty, Judge John Leonardo held in a non-binding ruling.
He reached the decision after listening to testimony from Pima County Sheriff’s detective Juan Carlos Navarro and arguments from Pima County deputy attorney Rick Unklesbay and lawyers representing the defendants.
Leonardo ruled that if proven at trial, each of the alleged aggravating factors presented by the prosecution could qualify the defendants for the death penalty.
Forde was the self-described leader of a border watch group she called Minutemen American Defense. Along with Albert Gaxiola, 42, of Arivaca and Jason Bush, 35, of Meadview, Ariz., the trio is accused of posing as law enforcement officers during a home invasion on May 30. That’s when Raul Flores, 29, and his daughter, Brisenia, 9, were shot and killed. The girl’s mother also was shot, but played dead for a time. She called 911, then grabbed a handgun and exchanged gunfire with the intruders, hitting Bush in the leg and driving the group away, Navarro said.
Gaxiola and Bush were present in court on Monday. Forde was not, but was represented by two lawyers, one of whom said Forde “wanted to stay out of the limelight.”
The detective said the intruders wielded guns that had duct tape on them. When Flores asked why there was tape on the guns, a man with his painted face commando style said “don’t take this personally but this is for you.” He shot Flores multiple times and then shot his wife three times.
When the first bullets hit Flores, he said, “Don’t shoot my wife, don’t shoot my wife,” Navarro testified.
According to an 89-page statement Bush gave the detective, after Flores and his wife were shot, Bush knew the girl was still in room. He told police, “I was hoping she would be quiet and they (Forde and Gaxiola) would forget about her” while ransacking the house looking for money or drugs to sell.
Instead, Brisenia, who was an elementary school student, cried out, “Why are you shooting my daddy? Why are you shooting my mommy?” then said, “No, no, no,” and was shot and killed, Navarro said.
Defense lawyers Eric A. Larsen, representing Forde; Jack Lansdale, representing Gaxiola; and Christian Kimminau, representing Bush, each argued against prosecutors having legal grounds to seek the death penalty.
Unklesbay argued that the defendants are qualified for the death penalty on different grounds, including committing the crimes for money, in a “cold and calculating” manner and in a cruel manner.
Navarro testified the trio discussed robbing a drug dealer for money; conducted a reconnaissance patrol past the Flores home in a van; then armed themselves and forced their way into the Flores home after 1 a.m.
The hearing also provided a peek at strategies defense attorneys may use at trial.
Lansdale said there is no evidence Gaxiola was present at the time of the homicides and a witness places him in Tucson. Unklesbay said DNA found on an AK-47 rifle in Flores’ kitchen was matched to Gaxiola’s and that a neighbor saw him shortly after the shooting outside his Arivaca home attempting to start his car.
Larsen said Forde had no serious felony convictions and argued there is no evidence to connect her with the killings. Prosecutors have filed court papers alleging that jewelry taken during the home invasion was in Forde’s possession when she was arrested. Navarro said Forde planned the home invasion and allegedly ordered Bush to go back into the home after she noticed Flores wife calling police.
Bush reportedly is connected to the killing scene by genetic tests on the blood trail left behind by the wounded robber, according to court papers. Because Bush gave police lengthy statements, the court has ordered a separate trial for Bush, which is now scheduled for late 2010. Forde and Gaxiola will still face trial together, and that trial is scheduled for January 2011.
Comments
(
