Tonatihu Aguilar

Case record: Tonatihu Aguilar

Background

Tonatihu Aguilar was sent to a juvenile-detention center on April 25, 1995 for assaulting a police officer. He was supposed to remain in custody until he turned 18, but he was released after eight days. The families of the victims argued that Aguilar should have been locked up in a juvenile detention center instead of on the streets. A police foul-up was described as the reason for his early release, and it led to a settlement for the family of the victims of the teen murderer. The city contributed $1 million to the settlement.

The offence

On or about September 21, 1996, Tonatihu Aguilar was sentenced in Maricopa County CR 2002-006143, Count 1, for First Degree Murder (of Jonathan Bria).

On September 21, 1996, Jonathan Bria, David Glover, Steve Thorstensen, Wesley D. Ray, David T. Nguyen, David Rehana and Michael S. Bowling all attended an ASU football party in the area of 35th Ave. and West Rose Garden. They left the party at approximately 22'30 hours en route to a Taco Bell Restaurant in the area in a Nissan Truck owned by victim David Nguyen.

At approximately 22'42 hours, Phoenix General Hospital located at 19829 N. 27th Ave. contacted the Phoenix Police Department in regards to multiple gun shot victims. Upon police arrival at the hospital, victim Jonathan Bria was air evacuated to the Good Samaritan Hospital with a gun shot wound to the left chest area and was not expected to live. Victim David Glover had a gun shot wound to the right thigh leg area, and victim Steve Thorstensen had a gun shot grazing wound to the right side of the head.

During the investigation it was determined that Jonathan Bria, David Glover, Steve Thorstensen, Wesley Ray, David Nguyen, David Rehana and Michael Bowling were involved in what appeared to be a drive by shooting which occurred in the area of the 2700 block of West Deer Valley Road and continued to the 2700 Block of West Rose Garden Lane in Phoenix. Once the driver, David Nguyen, was advised the passengers in the back of the truck were shot, he immediately drove to Phoenix General Hospital for help.

At the onset of the investigation the suspect(s) and vehicle(s) were unknown because witnesses stated it happened too fast. During the continuum of the investigation it was learned that the suspect was a Hispanic male by the name of "Dopey" who was later identified as Tony Aguilar and the vehicle was a 1979 Chevrolet El Camino.

Inmate Aguilar was also convicted of additional counts in Maricopa County CR 2002-006143 related to Assault with a Deadly Weapon, committed on or about September 21, 1996.

On Oct. 15, 1996, Aguilar murdered Hector Imperial, 28, and his wife, Sandra, 29, in front of their 5-year-old son at the couple's home in the 1600 block of North 52nd Drive in Phoenix. Aguilar shot Hector to death and shot Sandra, who died of her wounds the next day. Police said the murders were part of a "longstanding feud."

Investigation

Phoenix General Hospital contacted the Phoenix Police Department at approximately 22'42 hours on September 21, 1996 in regards to multiple gun shot victims. Once the driver, David Nguyen, was advised the passengers in the back of the truck were shot, he drove to Phoenix General Hospital for help.

Victim Jonathan Bria died during surgery. An autopsy determined he had died from a single gun shot wound to the left flank. The bullet struck the aorta, the stomach, lacerated the liver and struck the bowel and one kidney. Due to the number of organs and items involved Jonathan Bria bled to death, internally. The coroner ruled the case a homicide.

Victim David Glover had surgery to remove the bullet from his right thigh/leg area and was expected to recover from his wound. Victim Steve Thorstensen was treated and released from a grazing wound to the right side of his head.

Arrest and custody

On July 23, 1997, the Phoenix Police Department was contacted by the El Paso Police Department, El Paso, Texas that they had suspect, Tony Aguilar, in custody.

Tony Aguilar was taken into custody by officers of the U.S. Customs Service at the Port of Entry in El Paso after discovering outstanding warrants for Homicide, Parole Absconder and Fraud. After being interviewed by the Phoenix Police Department, Tony (Tonatihu) Aguilar was extradited back to Phoenix, AZ on charges of homicide and 6 counts of assault with a deadly weapon.

Trial

On January 4, 2002, Aguilar was sentenced to natural life plus 35 years for the double murder of Hector Imperial and Sandra Imperial.

During the time in custody of Phoenix police, Aguilar may have confessed to being involved in the drive-by shooting.

In Maricopa County CR 2002-006143, Aguilar was convicted of Counts 2, 3, 4, 5, 6 and 7, Assault with a Deadly Weapon, committed on or about September 21, 1996. Sentencing was scheduled for Friday, July 26, 2003 at 9 AM in Division 28 before the Honorable Brian R. Hauser.

Sentencing

On June 19, 2003, Tonatihu Aguilar was sentenced for Maricopa County CR 2002-006143, Count 1, First Degree Murder (of Jonathan Bria), committed on or about September 21, 1996, and he was sentenced to death by Lethal Injection.

On January 4, 2002, Aguilar was sentenced to natural life plus 35 years for the double murder.

Appeals

The case included a Court of Appeals State of Arizona opinion CR02-0079 ADC#164186.

Outcome

On June 19, 2003, Tonatihu Aguilar received a sentence of death by lethal injection for First Degree Murder (of Jonathan Bria) in Maricopa County CR 2002-006143, Count 1, committed on or about September 21, 1996.

Aftermath

Maricopa County Attorney Rick Romley said the murders never should have happened. The families of the victims argued for a settlement related to a police foul-up after Aguilar was released from juvenile detention after eight days. The families also argued that Aguilar should have been locked up in a juvenile detention center instead of on the streets.