Ruben Garza

Timeline

• December 1, 1999 — Ruben Garza entered the Franco/Rush residence and shot Ellen Franco twice and Lance Rush three times; Jennifer Farley called 9-1-1 after Garza fled.
• December 2, 1999 — Police arrested Ruben Garza.
• May 27, 2004 — Trial began.
• September 20, 2004 — Ruben Garza was sentenced to death.
• 2007 — The death penalty was upheld in State v. (Ruben) Garza, 216 Ariz. 56, 163 P.3d 1006 (2007).

Background

Ellen Franco separated from her husband, Larry Franco, and moved into the home of Jennifer Farley and Lance Rush. Ruben Garza, who was Larry Franco’s nephew, went to the Franco/Rush residence on the night of December 1, 1999, ostensibly to convince Ellen to reconcile with Larry.

The offence

After Ruben Garza entered the Farley/Rush home, he drew a handgun and shot Ellen Franco twice. Jennifer and Lance attempted to escape by locking themselves in a bedroom, where Jennifer hid in a closet. Ruben Garza broke through the bedroom door and began struggling with Lance. Ruben Garza shot Lance three times and sustained a gunshot wound to his own arm.

Despite the efforts of paramedics and emergency surgeons, both Ellen Franco and Lance Rush died from their gunshot wounds.

Investigation

Jennifer called 9-1-1 after Garza fled. Police arrested Garza the following day.

Trial

Ruben Garza was convicted by a Maricopa County Superior Court jury of two counts of first-degree murder.

Presiding Judge: Hon. Gregory H. Martin Prosecutor: Mark Barry & George Gialketsis Defense Counsel: James Cleary & Christopher Dupont Start of Trial: May 27, 2004

Jury findings

The jury found that the state had proved the multiple homicides aggravator (A.R.S. §13-751(F)(8)) as to each murder. The jury determined that Garza should be sentenced to life imprisonment for one murder and death for the other.

Arguments

The prosecution alleged robbery as a motive, but the jury did not find it as an aggravating circumstance. The defense argued that Garza had only confessed to being present in the home, and that there was insufficient evidence that he had inflicted any violence on the victims.

Mitigating circumstances

In mitigation, the defense offered his youthful age (19), his lack of any criminal record, and friends and relatives to attest to his non-violent character.

The Court independently found:

• Age (G)(5): Garza was 19 years old at the time of the murders; it was of diminished significance when the defendant is a major participant in the crime, especially when he plans it in advance.
• Good character and lack of prior criminal record: Also accorded less weight because the crime was planned in advance.
• Stress: The Court found that there was lack of causal connection to the crime, which also diminished this mitigation. The Court found that the mitigation was not sufficiently substantial to call for leniency.

Aggravating circumstances

(F)(8) (MULTIPLE HOMICIDES) – UPHELD

The statutory requirement that the multiple murders be “temporally, spatially and motivationally related” to each other was satisfied. Both victims were shot in the same house, one shortly after the other. The two homicides were also motivationally related. Garza shot the first victim in the living room and then went down the hallway to the bedroom and shot the other victim.

Sentencing

The jury determined life imprisonment for one murder and death for the other. Ruben Garza was sentenced to death on September 20, 2004.

Appeals

Direct appeal of the death sentence with independent review occurred. JUDGMENT: Convictions and death sentence affirmed. The case was cited as State v. (Ruben) Garza, 216 Ariz. 56, 163 P.3d 1006 (2007) (DEATH PENALTY UPHELD).

Outcome

The death penalty was upheld, and Garza’s convictions were affirmed.