Charles David Ellison

Overview

Charles David Ellison was sentenced to death on February 17, 2004. Charles Ellison and Richard Finch entered the home of Joseph and Lillian Boucher on the night of February 24, 1999. Ellison and Finch bound Joseph Boucher and Lillian Boucher with telephone cords and masking tape. Ellison suffocated Joseph Boucher to death with a pillow. While Ellison struggled with Joseph Boucher, Richard Finch choked Lillian Boucher to death with his hands. Ellison was also convicted of first-degree burglary.

Timeline

• February 24, 1999 — Charles Ellison and Richard Finch entered the Kingman home of Joseph Boucher and Lillian Boucher, bound them with telephone cords and masking tape, and asphyxiated them; the house was burglarized.
• Within days after February 24, 1999 — Finch and Ellison were separately arrested.
• March 4, 1999 — Ellison and Finch were indicted for the murders and first-degree burglary.
• January 14, 2002 — Ellison’s trial began; Hon. Robert R. Moon presided.
• September 2000 — A jury convicted Finch on the murder and burglary charges.
• March 2001 — Judge Robert R. Moon sentenced Finch to natural life imprisonment.
• January 18, 2002 — Verdict in Ellison’s case.
• January and February 2004 — A newly-impaneled jury heard the sentencing phase of Ellison’s trial.
• February 17, 2004 — Judge Robert R. Moon sentenced Ellison to death for each murder and imposed an aggravated sentence for the burglary conviction.

Background

Charles Ellison and Richard Finch broke into the home of Joseph Boucher and Lillian Boucher on the night of February 24, 1999. The case involved two homicides during commission of the offense and a burglary of the Bouchers’ house.

The offence

Ellison and Finch entered the Kingman home of Joseph and Lillian Boucher. They bound Joseph Boucher and Lillian Boucher with telephone cords and masking tape. The house was burglarized.

Investigation

Within days, Finch and Ellison were separately arrested. They each gave statements admitting their presence at the crimes but each claimed that he had acted under duress from the other with respect to the murders.

Charles Ellison told police he did not intend to kill anyone. Ellison told police it was Finch’s idea to “hit” the house. Ellison told police he did not know how Finch had picked the Bouchers’ house, but he admitted being somewhat familiar with the area because his parents lived around there.

With Finch’s cooperation, the police recovered several items stolen from the Bouchers’ residence.

Arrest

Within days of February 24, 1999, Finch and Ellison were separately arrested.

Charges and proceedings

On March 4, 1999, Ellison and Finch were indicted for the murders and first-degree burglary. The State sought the death penalty for each defendant. Judge Robert R. Moon severed their trials.

Presiding Judge: Hon. Robert R. Moon Prosecutor: Matthew J. Smith Defense Counsel: Vincent A. Iannone & Eric J. Engan Start of Trial: January 14, 2002

Trial

Ellison was not tried until January 2002, with Judge Robert R. Moon presiding over his trial.

During the trial, the Bouchers’ daughter testified that Ellison had worked on her parents’ house and another house two doors down from her parents.

Ellison did not testify. Defense counsel argued that Ellison had intended only to commit burglary and that he had tied up the victims and held a pillow over Mr. Boucher only after Finch threatened him with a gun.

The jury convicted Ellison on the murder and burglary charges. The jury specifically found Ellison guilty of both premeditated and felony murder of the Bouchers and found that he had either killed, intended to kill, or acted with reckless indifference.

Verdict: January 18, 2002

Sentencing

Before Ellison was sentenced, the Supreme Court decided Ring v. Arizona, 526 U.S. 584 (2002) (Ring II). The legislature then amended Arizona’s statutes to provide for jury findings of aggravating and mitigating circumstances and jury sentencing. 2002 Ariz. Sess. Laws, 5th Spec. Sess., ch. 1, § 3 (codified at Ariz. Rev. Stat. (“A.R.S.”) § 13-703.01 (Supp. 2003)).

A newly-impaneled jury heard the sentencing phase of Ellison’s trial in January and February 2004. This jury sentenced Ellison to death for each murder.

The jury found six aggravators:

1. previous serious felony conviction
2. pecuniary gain
3. especially cruel
4. murder committed while on parole
5. multiple homicides
6. victims more than 70 years old

Judge Moon imposed an aggravated sentence of twelve and one-half years for the burglary conviction.

Aggravating circumstances included:

• Previous conviction of serious offense
• Pecuniary gain
• Especially heinous, cruel or depraved
• Committed offense while on release from DOC
• Convicted of one or more homicides during commission of offense
• Age of Victim (over 70)

Sentencing: February 17, 2004

Appeals

PUBLISHED OPINIONS [Direct Appeal pending before the Arizona Supreme Court]

Outcome

Charles Ellison was convicted on the murder and burglary charges and was sentenced to death.

Other details

Joseph Boucher was 79 years old. Lillian Boucher was 73 years old.