Brian Dann

Case record: Brian Dann

Background

Brian Dann killed Andrew Parks, Shelly Parks, and Eddie Payan in Andrew Parks’ apartment.

Shelly Parks was Dann’s girlfriend of two years. Andrew Parks was Shelly Parks’ brother. Shelly Parks’ brother was Andrew Parks.

On the evening of Saturday, April 3, 1999, Dann stopped by the home of his former girlfriend, Tina Pace-Morrell, to borrow a gun. Initially, Dann claimed that someone was trying to kill him. Dann then told Tina that Andrew Parks had fired a gun at him earlier in the day and that he needed a gun for protection because he wanted to go to Andrew’s apartment to pick up some of his belongings.

Tina loaned Dann her father’s snub-nosed .38 caliber revolver.

The offence

At approximately three o’clock in the morning on Easter Sunday, April 4, 1999, Brian Dann entered Andrew Parks’ apartment and shot and killed Andrew, Shelly, who was Dann’s girlfriend of two years, and Eddie Payan.

While at Tina Pace-Morrell’s home after the shootings, Dann described how he had forced his way into Andrew’s apartment, “leveled the gun,” and shot Andrew, then Shelly, and then Eddie.

Dann recounted that he shot Andrew and Shelly because they laughed at him. Dann recounted that he shot Eddie because he had witnessed the shootings of Andrew and Shelly.

At approximately six o’clock Sunday morning, Dann returned to Andrew’s apartment and called 911. He reported that he had just discovered three bodies in the apartment.

Investigation

Police interviewed Tina Pace-Morrell and George during the next few days and located the revolver Dann had borrowed from Tina.

Ballistics analysis of the gun and the bullets recovered at the scene indicated that the bullets that killed Andrew, Shelly, and Eddie were fired from that revolver.

The medical examiner testified about the shooting injuries:

• Andrew was shot twice, once in the chest and once in the right temple.
• Shelly was shot once, in the top of her head above the right ear.
• Eddie was shot twice, once behind the left ear and once in his right forehead.

The medical examiner testified that the wounds on Shelly’s temple and Eddie’s forehead were soft contact wounds, indicating that the shooter took the time to place the weapon softly against their flesh before firing.

Places and interactions before the killings

On that same night, Dann was seen at the Double K, a bar he frequented in Phoenix.

Kim Tran Robinson, the bar owner, said that Dann remained at the Double K until shortly before 1:00 a.m. the following morning, Sunday, April 4. Dann’s friend George was also at the Double K.

Just before closing time, George approached Dann to talk. Dann indicated he did not want to talk in the bar, so the two men went outside to the parking lot. Dann told George that he and Shelly were having problems. Dann related that Shelly’s brother, Andrew, had shot at him earlier that day.

Dann showed George the revolver he had borrowed from Tina, stating that he intended to “straighten out the problem.” When George asked Dann what he intended to do with the gun, Dann said he intended to use it to kill Andrew.

Dann also asked George for an unlicensed, untraceable “throw-away” gun. George refused. George then spent the next two hours attempting to talk Dann out of his plan. By the end of the conversation, Dann seemed calmer to George and Dann told George he was going home to go to bed.

Kim Tran Robinson saw the men talking in the parking lot at 2:00 a.m. as she was locking up the bar.

Arrest

On Wednesday, April 7, 1999, Dann was arrested for the triple homicide.

Trial

On October 1, 2001, the jury found Dann guilty of three counts of premeditated murder, three counts of felony murder, and one count of first degree burglary.

A judge sentenced Dann to death on January 1, 2002.

Appeals

On appeal, the court affirmed:

• one conviction of premeditated first degree murder,
• three convictions of first degree felony murder, and
• the conviction and sentence for first degree burglary.

The court reversed Dann’s convictions for the first degree premeditated murders of Shelly and Eddie.

In light of Ring v. Arizona (Ring II), the court remanded for resentencing in front of a jury.

On remand, a new jury found one aggravating factor proven beyond a reasonable doubt: that two or more murders were committed during the commission of the offense, under Arizona Revised Statutes (A.R.S.) section 13-703.F.8.

Dann argued mitigating circumstances including:

1. residual doubt,
2. difficult childhood (abandonment, physical abuse, and overmedication leading to drug abuse),
3. new goals on death row, amenability to rehabilitation, and lack of future dangerousness,
4. drug and mental health issues impairing his judgment,
5. remorse, and
6. family support and impact of execution on his family.

The jury determined that the mitigation was not sufficiently substantial to warrant leniency and that the death penalty was appropriate.

Sentencing / Outcome

On January 24, 2002, Dann was sentenced to death. The jury determined that the death penalty was appropriate.

Aftermath

During Dann’s meeting with Tina Pace-Morrell before leaving, Dann gave her the gun and five spent rounds.

Before leaving Tina’s home, Dann washed up and borrowed some clothes.

Dann asked Tina to tell the police he was with her throughout the night, thus providing him an alibi.

During the time between the shootings and his arrest, police located the revolver Dann had borrowed from Tina and conducted interviews with Tina and George.