Amber Trudell

Case record: The State of Arizona v. Amber Lynn Trudell

Timeline

• March 2005 — Amber Lynn Trudell’s first trial ended in a hung jury.
• March 30, 2005 — A judge declared a hung jury; jurors believed Trudell killed Michael Albert Dojaquez but could not agree on the level of homicide.
• April 7, 2005 — Pima County Superior Court Judge Richard S. Fields set a June 28 trial date for Trudell’s second trial.
• July 15, 2005 — A jury convicted Amber Lynn Trudell of second-degree murder.
• July 16, 2005 — Reporting followed the conviction of Trudell for the killing of Michael Albert Dojaquez.
• October 17, 2005 — Amber Lynn Trudell was sentenced to 13 years in prison.
• October 18, 2005 — Reporting described the sentencing hearing in Pima County Superior Court.

Background

Amber Lynn Trudell, 30, was convicted in the killing of her yoga instructor-lover, Michael Albert Dojaquez, 45. Dojaquez was found shot to death on his front porch. Trudell had an affair with Dojaquez and met him through Yoga Oasis at 2631 N. Campbell Ave, where she took group classes and then private classes.

In both trials, Trudell insisted that Dojaquez became angry when she wanted to leave his house to return to her husband. Trudell stated that Dojaquez sexually assaulted and beat her, and that he became suicidal, grabbing her hand with the pistol, pointing it to his forehead, and forcing her to pull the trigger. The defense claimed Trudell killed Dojaquez after he asked to end their relationship and also claimed he refused to marry her.

Dojaquez’s family described him as a caring person. His daughters and brother weighed in at sentencing.

The offence

Michael Albert Dojaquez was killed by being shot; he was found shot to death on his front porch. The incident was tied to Sept. 26, 2003, when Dojaquez was found shot to death.

In testimony, Trudell said that after she was raped, she got her gun, screamed “I didn’t deserve this,” trashed Dojaquez’s house, and was leaving when he confronted her on the porch. Trudell also testified that Dojaquez apologized, took her hand with the gun in it, put it to his forehead, and fired.

Prosecutors argued that Trudell shot Dojaquez because he refused to marry her. They argued that she drew the gun that would kill him and that she put it to Dojaquez’s forehead and shot him to death on his front porch.

Investigation

After police obtained an Arizona arrest warrant, Trudell was taken into custody at a relative’s home in Ogdensburg, a town of about 12,000 in rural upstate New York. Trudell had been held in the St. Lawrence County Jail in Canton, N.Y.

Police believe Trudell knew Dojaquez through the Yoga Oasis at 2631 N. Campbell Ave. Sgt. Marco Borboa said police believed they may have known each other for more than a year.

Authorities believe Trudell left Arizona on Oct. 7 and drove to Connecticut and then to New York.

Arrest

Trudell was arrested in New York in the slaying of Michael Albert Dojaquez. Deputy U.S. marshals and New York state police arrested Trudell late last month, and she was returned to Tucson after being arrested. Trudell waived extradition proceedings and was booked into the Pima County Jail on a Saturday. She was ordered held on $1 million bail at an initial court appearance Sunday.

Deputy Dawn Barkman, a sheriff’s spokeswoman, said Trudell was returned without incident. The Sheriff’s Department was responsible for extradition transportation and operated the county jail. Trudell was returned from upstate New York where she was arrested by deputy U.S. marshals and New York state police.

Trial

First trial (hung jury)

In Trudell’s first trial, jurors deliberated on charges including first-degree murder, second-degree murder, or manslaughter. A Superior Court judge declared a hung jury after questioning each juror. Jurors believed Trudell killed Michael Albert Dojaquez, but could not agree on the level of homicide.

Jurors reached agreement this time in the second trial.

In the first trial, prosecutors told jurors that the couple continued a quarrel the night he was killed. Prosecutor Susan Eazer told jurors that Trudell and Dojaquez continued a quarrel the night he was killed, with Trudell wanting him to marry her and Dojaquez spurning the married woman. Eazer said the couple went out drinking together Sept. 25, 2003, and about 1 the next morning returned to Dojaquez’s home on North Sparkman Boulevard, where he was later killed. Eazer told jurors the quarrel was ongoing and not in the heat of passion, noting that Trudell got her pistol, put it to Dojaquez’s forehead and shot him to death on his front porch.

Eazer also told jurors there was no evidence Trudell was beaten or sexually assaulted the night of the killing, as Trudell had testified.

Assistant Public Defender Suzanne Crawford argued that if Trudell should be convicted, it should be for manslaughter because the shooting was not premeditated. Crawford told jurors, “Michael Dojaquez raped Amber Trudell,” and said, “She is being portrayed as the villain, and he is being portrayed as a saint,” which Crawford said is not true.

Jurors reported a split in the final vote: nine jurors voted for first-degree murder, two for second-degree murder, and one for manslaughter. Jim Swope, a former medical claims processor and the only juror to tell the judge further deliberations might help, said the jurors asked for clarification and received written answers about elements of first- and second-degree murder, including the meaning of “sudden quarrel,” “heat of passion” and “reflection.”

“She told us she had the gun in her hand, it was a proven fact that it was loaded, and she told us she allowed it to be pointed to his head,” said juror Nathan Wilson after the verdict in the second trial.

“Michael would not be up here demanding the maximum sentence for her because of the humanistic view of life he had,” said Tom Martin.

Second trial (conviction)

Trudell’s second trial was set for June 28. Prosecutors again sought a first-degree murder conviction. Trudell was convicted of second-degree murder.

Juror Nathan Wilson said it was easy to conclude that Trudell killed Michael Albert Dojaquez, who was found shot to death on the porch of his home near North Sparkman Boulevard and North Country Club Road on Sept. 26, 2003. Wilson said it was Trudell’s testimony that left the jury with enough confidence to give her the conviction. Wilson said, “Her testimony was one of the only things we had to go by,” and further said, “Her testimony was one of the only things we had to go by,” and that “Her testimony was one of the only things we had to go by” was what the jury relied on. (The repeated statement appears as multiple phrasings within the scraped material; the adjudicated fact remains that Wilson attributed the conviction to Trudell’s testimony.)

Wilson said the facts were in line with the parts of law that would convict her at least on second-degree murder. Wilson said, “The facts were in line with the parts of law that would convict her, at least on second-degree murder,” and said that “It was Trudell’s testimony that left the jury with enough confidence to give her the conviction.”

After the verdict, several family members met in the lobby to hug and thank members of the jury.

Sentencing

At the sentencing hearing in Pima County Superior Court, Judge Richard S. Fields heard testimony from Dojaquez’s ex-wife, Tracy Wise; two daughters, Vanessa Dojaquez, 15, and Brianna Dojaquez, 20; Dojaquez’s younger brother, Robert Dojaquez; and Dojaquez’s mother, Lydia Dojaquez.

Judge Fields sentenced Trudell to 13 years for second-degree murder on October 17, 2005.

Judge Fields said Trudell would have to serve 85 percent of the 13-year sentence, with credit for 725 days already served. Fields said Trudell would then serve one day of probation for every day she served in prison.

Victim impact statements

Brianna Dojaquez spoke about her father and quoted what she had heard him say and how she would miss it. She told the court, “My son will never get to hear him say, "Keep it squeezy," or "Oom-bop-uh-loom-bop-a-wang-bang-boom." He'll never get to hear that again. All I have now are pictures and memories,”

Lydia Dojaquez said, “Mike was important to us, of course, but we never realized what he had found out in the world,” and later said, “The world has a lot of sadness, and has a lot of wrong things with it, and he was the perfect antidote.”

Robert Dojaquez said, “I can only think that you are a woman with no conscience and no guilt. And for you to pull the trigger that night and kill my brother, I have not yet found it in my heart to forgive you,” and also said, “To this day, she does not realize the value of this man’s life,” and, “Her lack of emotion – she had no conscience, no remorse. Had she realized, she wouldn't have killed my brother.”

Dojaquez’s younger brother Robert Dojaquez had also said it would take time before he could express his feelings, and said that Dojaquez “He never did hurt anybody. He would help anyone,” and “He was a very caring person.” (These statements appear attached to the family’s remarks around the conviction and continued through the sentencing context.)

Defence evidence and mitigation

The defense called Trudell’s grandmother, Ethel H. Jones, 87, to testify by telephone. Ethel H. Jones said she was worried she might not get to see Amber again if the sentence is long. Jones asked for a light sentence so Amber could become a productive citizen and said, “She could go out and get some more education and get a good job and become a resident of a community.”

Trudell displayed little emotion as Dojaquez’s daughters, brother, and mother weighed in.

Tom Martin, Public Defender, wanted ten years for Trudell. Martin said Trudell’s sexual abuse as a child has possibly clouded her judgment through life and said, “Michael would not be up here demanding the maximum sentence for her because of the humanistic view of life he had,” and also said he’d likely appeal Trudell’s sentence.

Prosecutor Kathleen Mayer requested the maximum sentence, 16 years. Mayer said that even if Trudell didn’t plan Dojaquez’s murder, she drew the gun that would kill him.

Appeals

Public Defender Tom Martin said he would likely appeal Trudell’s sentence.

Outcome

Amber Lynn Trudell was convicted of second-degree murder in the killing of Michael Albert Dojaquez and was sentenced to 13 years in prison on October 17, 2005. Her first trial ended in a hung jury.

Other details

Trudell was 30 at the time of conviction and sentencing and 29 at the time a new trial date was set. Dojaquez was 45 at the time of his death.

Trudell was described as an accountant. Trudell was married when she met Dojaquez at Yoga Oasis.

Trudell left Arizona immediately after the killing and was arrested in New York state. Authorities believe she left Arizona on Oct. 7, drove to Connecticut, and then to New York. Trudell was arrested on Oct. 23, 2003, in New York state.

At the sentencing hearing, Fields heard from multiple family members and imposed a sentence structure based on serving 85 percent and credit for 725 days already served, followed by day-for-day probation for days served in prison.

Prosecutor Susan Eazer took over the case after Susan Eazer prosecuted during the first trial and referenced that a predecessor, Susan Eazer, left the Pima County Attorney’s Office; in the scraped material, Susan Eazer is referenced as the prosecutor who took over after Susan Eazer left the Pima County Attorney’s Office.

Judge Richard S. Fields took over after Judge Michael J. Cruikshank set July 26 as the day to determine the sentencing date. Judge Michael J. Cruikshank was taking over the trial for vacationing Judge Richard S. Fields. Judge Pro Tem Frank Dawley declared the hung jury in the first trial and presided while Fields was on vacation.