Martin Raul Soto-Fong

Case record: Martin Raul Soto-Fong

Background

Martin Raul Soto-Fong was sentenced to death on February 3, 1994.

The offence

Soto-Fong and his two accomplices, Andre Minnitt and Christoper McCrimmon, decided to rob the El Grande Market, where Soto-Fong had previously worked, and kill anyone who was present to eliminate potential witnesses.

On June 24, 1992, they drove to the market in a distinctive car. Inside the market, Soto-Fong gathered two bags of produce, approached the cash register counter where the owner waited, and produced a .25 caliber autoloading pistol. He took all the money he could find, about $300, and then began shooting the three persons in the market: Fred Gee, Ray Arriola, and Zewan Hong.

Minnitt ran into the store and joined Soto-Fong in shooting the victims to death. McCrimmon stood at the doorway to the market, armed with a handgun. All of the victims were shot in the head, execution-style.

Neighbors heard the shots and saw the distinctive car leave the market.

The police later discovered the car, and the car and fingerprints at the market tied Soto-Fong and his accomplices to the murders.

Trial

Presiding Judge: Robert Buchanan Prosecutor: Ken Peasley

Start of Trial: October 13, 1993 Verdict: October 27, 1993

Soto-Fong was convicted for his part in the El Grande Market slayings and sent to death row in 1993.

Sentencing

Sentencing: February 3, 1994

Aggravating Circumstances:

• Pecuniary gain
• Especially cruel, heinous or depraved (cruelty for two of the victims; heinous and depraved for all three victims)
• Multiple homicides

Mitigating Circumstances:

• Age
• Lack of extensive or violent criminal history
• Gainfully employed
• Supportive family

Appeals

Soto-Fong’s case reached published opinions: State v. Soto-Fong, 187 Ariz. 186, 928 P.2d 610 (1996).

The U.S. Supreme Court banned the death penalty for juveniles, and Soto-Fong—who was four months shy of 18 when the slayings took place—was granted a new sentencing hearing.

With the death penalty off the table, Pima County Superior Court Judge Clark Munger decided whether Soto-Fong’s life sentences should run concurrently or consecutively. The sentences ran consecutively, meaning he would have to serve 25 years on each sentence before becoming eligible for parole.

Soto-Fong took the opportunity to apologize to the victims’ families, but again proclaimed his innocence and disdain for the former prosecutor and detective who handled his case. He said:

"I can't say I totally understand how the legal system works, but I remain hopeful the high court will review my case" and overturn the convictions, Soto-Fong said.

Richard Gee, Fred Gee’s younger brother, said:

"They prevailed because he's off death row," Gee said. "If his family wants to see him, all they've got to do is go to prison and kiss and hug him on visitor's day. If I want to go see my family, I've got to go to the graveyard and hug their gravestones."

Soto-Fong’s repeated attempts to have his convictions overturned have failed.

The Arizona Supreme Court disbarred Ken Peasley in May 2004 after the State Bar filed a complaint claiming Peasley elicited false testimony from Joseph Godoy, a former Tucson police detective, during 1993 and 1997 trials involving the case.

The Arizona Supreme Court found that Peasley allowed Godoy to falsely testify that Christopher McCrimmon, Andre Lamont Minnitt and Soto-Fong weren’t suspects before a key witness interview, but police actually had investigated them earlier.

Peasley said he made honest mistakes during the trial because of overwork and health issues.

Minnitt’s conviction was overturned, and McCrimmon was eventually acquitted. In Minnitt’s case, the justices wrote an opinion stating Peasley “engaged in extreme misconduct” that was “grossly improper and highly prejudicial” to Minnitt and the criminal-justice system.

Outcome

Soto-Fong was convicted for his part in the El Grande Market slayings and sentenced to death on February 3, 1994.

After the U.S. Supreme Court’s decision regarding the death penalty for juveniles, Soto-Fong received new sentencing, and his life sentences were run consecutively.

Aftermath

Authorities said Soto-Fong’s fingerprints were found on one of two food stamps lying next to Gee’s body and two plastic bags lying on a countertop.

Ken Peasley and Joseph Godoy, who retired from the Tucson Police Department after being indicted on perjury charges, worked for defense attorney Brick Storts. The perjury charges against Godoy were later dismissed.

People

• Martin Raul Soto-Fong (defendant; former market employee)
• Andre Minnitt (accomplice)
• Christoper McCrimmon (accomplice)
• Fred Gee (victim)
• Ray Arriola (victim)
• Zewan Hong (victim)
• Huang Zee Wan (Gee’s uncle; mentioned in published reporting of the murders)
• Robert Buchanan (presiding judge)
• Ken Peasley (prosecutor)
• Clark Munger (Pima County Superior Court judge)
• Richard Gee (Fred Gee’s younger brother)
• Joseph Godoy (former Tucson police detective)
• Brick Storts (defense attorney)