Jessica Riggins

Case record: State of Arizona v. Jessica Renae Riggins

Background

Jessica Renae Riggins was convicted of murdering her husband, Rusty Riggins. She was sentenced to life in prison with possibility for parole in 25 years on April 20, 2009, after a jury convicted her in February 2009.

Rusty Riggins’ mother, Judith Riggins, made a statement at sentencing. She said that on the morning of August 7, 2007, “my life changed forever,” and that she called police to check the Boulder Pointe home where Rusty was staying. She said police found his body and that he had been shot once in the back with a .22-caliber handgun that Jessica had bought two days prior. Judith said she had a heart attack afterward, that her health failed, that she had endless nights with no sleep, and that she went into a deep depression. She said, “It will take years for me to get over the violent way my son died,” and she described Rusty turning a corner while on probation for a domestic violence conviction against Jessica. She asked for life in prison without possibility of parole for Jessica, saying, “I believe justice has been found and I can really move on … and my family heal,” and also said she felt her family could heal. Judith added that she forgave Jessica and quoted her belief about forgiveness: “He has put this on my heart and I don't understand it … but he wants me to forgive you,” and “She then addressed Jessica, but the judge did not allow her to face Jessica.” Judith ended by saying she would pray that Jessica asked God for forgiveness for what she had done.

The offence

Rusty Riggins was found in his Boulder Pointe home on August 7, 2007. He had been shot at close range in the side of his back with a .22-caliber handgun. The bullet pierced both lungs and his heart. The couple had been scheduled to attend divorce proceedings the week police discovered Rusty’s body.

During trial, prosecutors contended that Jessica wanted Rusty’s probation revoked so he would be jailed and she could get $30,000 she believed he had. Prosecutors argued that this plan included requesting money through a power of attorney during divorce proceedings.

Defense attorneys asserted that Jessica acted in self-defense and that she accidentally fired the gun while trying to defend herself from an attack. They also asserted that Jessica suffered from battered woman syndrome.

The Coconino County Attorney’s Office did not seek the death penalty in the case.

Investigation

Prosecution witnesses included officers who initially discovered Rusty Riggins’ body on a missing person call from Rusty’s mother and co-worker. Prosecutors used crime scene photos of the body at trial; Jessica Riggins did not look at the projection screen, and Rusty Riggins’ mother had to excuse herself from the gallery temporarily.

Prosecutors stated that a car belonging to Rusty’s mother was missing from the home, and that police found a Jeep Wagoneer belonging to Jessica abandoned in a motel parking lot on Woodlands Village Boulevard, less than a mile from the crime scene.

Prosecutors stated that before coming to Flagstaff, Jessica Riggins dropped her two children off with relatives in Missouri. After the shooting, she fled to Mexico. When she tried to return to the country on August 12, 2007, she was arrested and extradited back to Flagstaff.

On her way to Mexico, Jessica Riggins told the sister of her ex-husband that she needed to burn her clothes and cut and dye her hair, and she also wanted to turn over custody of her children to her ex-husband. Prosecutor evidence included testimony that Jessica told the ex-husband’s sister, “I did it. I killed him.” When she was encouraged to turn herself in, she responded, “I'm going to wait until the media plays up the domestic violence.”

Arrest and pre-trial detention

Jessica Riggins was arrested about a week after trying to re-enter the country, and she was held in the county jail in lieu of $1 million bond while awaiting trial. She had been in jail awaiting trial since August 12, 2007.

Trial

A Coconino County jury found Jessica Riggins guilty of murdering her husband in August 2007. She was convicted by a jury in February of first-degree murder in the August 2007 shooting death of her husband, Rusty.

At trial, she bowed her head in the standing-room-only gallery in the Coconino County Superior courtroom of Judge Danna Hendrix when the verdict was read. Judith Riggins broke into tears and supporters comforted her. After proceedings were over, Judith said the verdict would bring “Peace. I'm hoping to get on with my life now. It's been on hold for a year and a half now.” She said she was excited to see justice done and, “I love her children to death, but I feel they have a better chance now in life.”

The verdict was read on February 24, 2009. The jury was to return to determine if Jessica deserved leniency at sentencing. She faced one of two scenarios: 25 years to life in prison, meaning she would have to serve at least 25 years before being eligible for release, or natural life in prison, meaning she would spend the rest of her life behind bars.

Prosecution’s case and motive theory:

• Prosecutors contended that she intended to kill her husband for money, including a belief he had $33,000.
• Prosecutor Dennis Harrison said motive boiled down to money and that Jessica believed her husband had $33,000 and she wanted it. He said she wanted the money because the two were scheduled to attend divorce proceedings the day before his body was discovered and she was scheduled to receive very little spousal support.
• Prosecutor Marianne Sullivan’s arguments included that evidence of Jessica’s actions and statements before and after Rusty’s death would “complete the story” of what happened for a jury, and that her efforts to get $30,000 from credit cards by contacting police, the county attorney, the probation department and even news media were relevant.
• Sullivan argued that when Jessica’s attempts to land Rusty in jail failed, her efforts turned to premeditated murder.
• During trial, half a dozen witnesses testified that Jessica had spoken about getting $30,000 from her husband. She was characterized as a manipulative woman who would do anything she could to get what she wanted.

Defense’s case and theories:

• Defense attorney Kenneth Sheffield asserted that Jessica acted in self-defense and that an additional defense was that the shooting was accidental.
• Defense attorneys asserted battered woman syndrome, describing it as connected to being a victim of domestic violence and the tendency for victims to return to attackers.
• Sheffield asserted that although her husband was only twice convicted of domestic violence felonies, the beatings and abuse were constant throughout their relationship.
• Sheffield said Jessica had been a longtime victim of domestic violence and that violence led to the battered woman syndrome condition she was suffering from the night she shot Rusty in fear for her life.
• In a court appearance on February 6, 2009, it was stated that she took the stand in her own defense in Coconino County Superior Court Friday and that her testimony was continuing Tuesday. The same account stated: “No, she did not think her estranged husband Rusty Riggins had $30,000. No, she did not want to get him arrested so she could get the money. And no, she did not intend to shoot and kill him in self-defense during an August 2007 visit.” It also said she was trying to reconcile with her verbally and physically abusive husband she loved and hoped would change.
• The defense presented evidence that Jessica repeatedly denied that she had told anybody about the money or that she confessed to the killing.

Trial timeline details and procedural events:

• Trial began Tuesday, January 13, 2009, in Coconino County Superior Court for Jessica Riggins, 41, accused of intentionally shooting and killing her husband Rusty Riggins in his Flagstaff home on August 7, 2007.
• A jury of 12 with three alternates listened in the courtroom of Presiding Judge Danna Hendrix, with Rusty Riggins’ mother and other family members and supporters in the gallery.
• Closing arguments were presented to the jury in Coconino County Superior Court Thursday, and the jury began deliberating Friday afternoon because one juror was unable to continue; that juror was replaced with an alternate.
• During the course of the trial, another juror died in a cycling accident; the trial was postponed for half a day so the remaining jurors could attend the funeral.
• The trial was likely to last 10 weeks.
• Jessica repeatedly denied parts of the prosecution’s narrative and claimed self-defense; it was stated that after rendering the verdict, some jurors stated that Jessica’s testimony was not credible and contradicted itself at times.
• Jessica had announced her plans to appeal the verdict; issues included whether the jury might have acquitted her if jurors were allowed to hear specific testimony about instances of domestic violence she experienced at Rusty’s hands.

Domestic violence testimony details: Jessica described nearly two dozen domestic violence instances with Rusty between when they started dating in September 2001 and the night of the shooting in August 2007. She told the jury, “He hit me. He punched me and he had me by the neck,” regarding one instance. When asked why she never called police, she said several times, “I didn't want anybody to know.” She testified that Rusty threw a knife at her, burned her hand with a cigarette, smashed out a window of her car to grab her by the throat and wrestle her back into a residence, and in an argument he called her a “whore” and beat her again after she found him in her bedroom. She testified that the first time Rusty was arrested for beating her, a friend had called after seeing her puffy, black-and-blue face. She also testified she decided to marry Rusty in December 2004, saying, “I shouldn't have, but I did.” She testified she tried reconciliation several times and that Rusty would not keep promises. She testified that Rusty was arrested again and convicted for putting a knife to her throat during a drunken rage. She testified that in June 2007, she told a judge she wanted to try reconciliation and that the court hearing was postponed until August. She testified that they fell apart again and that she went traveling with her children, leaving them with relatives in Kansas and Missouri so she could attend divorce proceedings in Flagstaff and tell the judge she wanted to give Rusty another chance. She testified that after a January 2006 break with Rusty, she went to her home in Lake Tahoe to retrieve belongings and be together again.

Charges and verdict

Jessica Riggins was accused of first-degree murder, auto theft, and two counts of credit card theft in the shooting death of her husband, Rusty Riggins.

The Coconino County jury found:

• guilty of first-degree murder in the shooting death of Rusty Riggins,
• guilty of auto theft,
• guilty of two counts of credit card theft.

She pleaded innocent to the charges and told the jury she did not intend to shoot and kill him in self-defense during the August 2007 visit described in her testimony.

Sentencing

At sentencing, Judge Danna Hendrix said Jessica deserved a possible sentence of natural life in prison. Hendrix cited reasons for a harsh sentence:

• a weapon was used in the crime,
• the crime was committed in expectation of gaining money,
• the crime caused emotional and financial harm to Rusty and his family,
• Jessica fled the country after the crime was committed.

Hendrix added that the sentence deserved leniency because Jessica was a longtime victim of domestic violence, had a traumatic childhood, and deeply loved her five children. Hendrix said, “I think the hardest part is knowing you have three daughters who will be your age if I sentence you to life in prison,” and ordered life with possibility of parole in 25 years. Hendrix also said, “You haven't lost the hope of seeing your children again,” and added that she hoped Jessica would make the appropriate decisions in prison to in order to see her children again.

Jessica received 608 days of credit toward her life sentence. It was stated that she had been in jail awaiting trial since August 12, 2007.

Appeals

Jessica announced plans to appeal the verdict. An issue included whether the jury might possibly have acquitted her if jurors were allowed to hear specific testimony about instances of domestic violence she experienced at Rusty’s hands.

Other details

Rusty Riggins had felony domestic violence convictions against Jessica, and during trial it was described that his probation involved domestic violence convictions against Jessica. Prosecutors also described that Rusty’s life was changing for the better while on probation and that he had started a moving business.

It was stated that prosecutors contended Jessica wanted Rusty’s probation revoked so he would be jailed and she could get $30,000 she believed he had, and defense asserted she was trying to reconcile with an abusive husband she loved and hoped would change.