Michael Steven Gallegos

Murderer

1known / alleged victims

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Case Facts

Gender: male
Country: USA
Location: Maricopa County, Arizona, USA
Date of birth: November 10, 1971
Age at first offence: 19
Characteristics: child molester, rape, sexual assault
Victim profile: Kindall Wishon ( his 8 year old step-niece )
Method of murder: Suffocation
Date(s) of murder: March 16, 1990
Years active: 1990
Date of arrest: —
Status: Sentenced to death
Sentenced to death on May 24, 1991; a Warrant of Execution was issued by the Arizona Supreme Court for the execution of Michael Steven GALLEGOS ADC#085586 on November 14, 2001; a Stay of Execution was issued on October 15, 2001

Case Summary

Parties

Defendant: Michael Steven Gallegos
Victim: Kindall Wishon, an 8-year-old step-niece of the defendant (Caucasian)

Timeline

March 6, 1991 — Trial began (Presiding Judge: Jeffery A. Hotharn; Prosecutor: Louis F. Stalzer).
March 14, 1991 — Verdict was rendered.
May 24, 1991 — Sentencing occurred, including death sentence and sentencing on Maricopa County CR 90-03339 Count 2.
October 24, 1994 — Resentencing occurred.
October 04, 2001 — A Warrant of Execution was issued by the Arizona Supreme Court for the execution of Michael Steven GALLEGOS ADC#085586 on November 14, 2001.
October 15, 2001 — A Stay of Execution was issued for Michael Steven GALLEGOS.

Background

The defendant was Hispanic.
The victim was Caucasian.
The defendant sexually assaulted the victim and killed her on March 16, 1990.

The offence

On March 16, 1990, Michael Steven Gallegos killed his 8-year-old step-niece, Kindall Wishon, by holding his hand over her mouth and nose causing her to suffocate while he sexually assaulted her. After she died, he proceeded to have anal intercourse with her body while in her bedroom in Phoenix. He told police he went ahead and finished the act after she was dead because it wasn't like she was going to tell anybody.

Investigation

The PSI mentions an accomplice named George Smallwood, but the County Attorney chose not to prosecute him for lack of evidence.

Trial

Presiding Judge: Jeffery A. Hotharn
Prosecutor: Louis F. Stalzer
Start of Trial: March 6, 1991
Verdict: March 14, 1991

Sentencing

Sentencing Date: May 24, 1991
The defendant was sentenced to death on May 24, 1991.
Inmate Gallegos was also convicted on May 24, 1991 of the following:
- Maricopa County CR 90-03339 — Count 2 Sexual Conduct with a Minor, committed on 3/16/90, sentenced to 21 years flat, consecutive to Count 1.
Aggravating Circumstances: Especially heinous/cruel/depraved.
Age of victim: 8.
Mitigating Circumstances: Defendant's age (18).
Remorse: Recommendation of leniency by police.
History of alcohol and drug use: Alcohol impairment (non-statutory).

Appeals

Published opinions included:
- State v. Gallegos, 178 Ariz. 1, 870 P.2d 1097 (1994).
- State v. Gallegos, 185 Ariz. 340, 916 P.2d 1056 (1996).
Inmate Gallegos had not exhausted his appeals process.

Aftermath

October 04, 2001: A Warrant of Execution was issued by the Arizona Supreme Court for the execution of Michael Steven GALLEGOS ADC#085586 on November 14, 2001.
October 15, 2001: A Stay of Execution has been for Michael Steven GALLEGOS.

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