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Arthur Eric Magana and Gustavo Olivo are charged with murder. PCSO photos

Two teens accused of murder appeared in court Monday nearly two weeks after their original trial date.

Arthur Eric Magana and Gustavo Olivo were scheduled to go through trial as co-defendants April 10, but received separate trial dates in court April 23. The teens allegedly shot to death 20-year-old Wyatt Miller in 2016 in unincorporated Maricopa.

Olivo will stand trial for six days beginning Oct. 30. Magana’s trial, also planned for six days, is tentatively scheduled for Nov. 13. Both trials would feature a 12-person jury.

John Schaus, attorney for Olivo, said he’s still hoping to settle the matter without trial by way of an offer from the state.

“If we settle this, I’ll let you know immediately,” Schauss told Pinal County Superior Court Judge Kevin White.

White vacated the original trial last month because of other conflicting trial dates.

Olivo and Magana will return to court June 11 for a status review conference.


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Kathryn Sinkevitch will be tried for the murder of her former boyfriend. PCSO photo

Michael Agerter’s accused murderer will face a 12-person jury trial after the Thanksgiving holiday.

Michael Agerter

The four-week trial will begin Nov. 27 and is expected to end just four days before Christmas.

Pinal County Judge Kevin White vacated the original spring trial for defendant Kathryn Sinkevitch last month to accommodate defense attorney Bret Huggins’ slammed trial load.

White expressed concern in court April 9 that the new trial may run long and overlap into the busy Christmas week. He told Huggins and prosecutor Shawn Jensvold he may add Mondays to the trial schedule to prevent that situation.

If that decision is made, it’s unclear whether the inaugural day of trial would be moved to Nov. 26.

White also asked lawyers on both sides if a settlement conference had taken place. The goal of these sessions is to resolve the case without trial.

Huggins said one hadn’t occurred and later agreed with Jensvold’s comment that it likely “would not be fruitful.”

The day before the last week of trial begins will mark the second anniversary of Agerter’s murder. The victim was shot to death in the garage of his Rancho El Dorado home Dec. 16, 2016.

Monday’s successful trial date setting was not without a violation of courtroom etiquette.

A bailiff admonished a woman for waving and repeatedly calling the suspect’s name from the gallery as Sinkevitch walked shackled to a holding cell at the conclusion of the hearing.

Sinkevitch will return to White’s courtroom July 16 at 1:30 p.m. for a status review conference ahead of trial.

Miguel Figueroa Sr. (PCSO photo)

The attorney for the Maricopa man accused of using a sword to kill his wife in 2016 said Monday his client is ready for trial.

Miguel Figueroa will stand trial May 8 in front of Pinal County Superior Court Judge Kevin White and a 12-person jury.

The state alleges Figueroa kidnapped and assaulted his son and wife, and then stabbed his wife Olivia to death in a desert field near Maricopa’s Heritage District in December 2016.

Defense attorney Mark Benson said the first-degree murder trial could last five to seven days.

Benson said his client had previously proposed to avoid trial by suggesting a lesser plea.

“Just for the record Mr. (Figueroa) did offer a plea to take class two murder and 25 years, but the state was not interested,” Benson said.

Figueroa also apparently underwent a psychological evaluation in recent months.

A report by Psychologist Carlos Vega in early February said Figueroa has a history with depression, suicidal thoughts, auditory hallucinations and substance use disorder, but “his cognitive and memory functioning are intact.”

Figueroa takes medication for depression, according to the report.

The report goes on to say “Miguel has a factual and rational understanding of the nature of the proceedings against him. He will be able to assist counsel in the preparation of his own defense and does not require further Rule 11 examination.”

March 12 was Figueroa’s first appearance since he reportedly refused to attend his court date last month.

In February, White had discussed possibly rescheduling Figueroa’s May trial date due to a full docket, but the judge affirmed the May date this week.

Figueroa’s next day in court will be April 30 at 2:30 p.m. for a status review hearing ahead of his trial.


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Arthur Eric Magana and Gustavo Olivo are charged with murder. PCSO photos

Pinal County Superior Court Judge Kevin White vacated a trial date for teen co-defendants accused of first-degree murder and armed robbery Monday.

Arthur Eric Magana and Gustavo Olivo appeared together, with their attorneys, March 12 after appearing separately last month.

The document prompting the trial’s postponement is a motion to sever the case submitted recently by James Soslowsky, Olivo’s defense attorney.

Prosecutor Patrick Johnson is expected to review the motion and file a response within days. If Johnson objects to the severance, an oral argument will be scheduled.

The teens allegedly shot to death 20-year-old Wyatt Miller in an unincorporated area of Maricopa in 2016. They pled not guilty to the murder charges.

Since then, they have appeared jointly in most court hearings. If their case is severed, separate trial dates would likely follow.

With their original trial date of April 10 tossed, White said a new trial date could be set for May – pending the severance issue and the possibility of a plea.

White ordered Magana, Olivo and their attorneys to meet with prosecution for a settlement conference, where plea deal negotiations could take place.

The conference is ordered to occur some time before the teens’ next court date on April 23 at 1:30 p.m.


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This story has been corrected to indicate the name of the victim.

Kathryn Sinkevitch will be tried for the murder of her former boyfriend. PCSO photo

 

The trial date has been vacated for the woman accused of killing her ex-boyfriend in his garage in 2016.

Kathryn Sinkevitch’s first-degree murder trial was set to begin May 8 but might not be heard until November.

Defense attorney Bret Huggins requested the trial be moved due to a capital case he is representing around the same time as Sinkevitch’s original trial date.

Judge Kevin White granted the motion after prosecutor Shawn Jensvold made no objection. Jensvold said a date in November is possible.

Sinkevitch, 34, of Tempe, was charged with the murder of 31-year-old Michael Agerter in December 2016. Agerter had a child with Sinkevitch and was reportedly seeking custody of the newborn.

Agerter’s family was present in court, the child in the care of others outside the courtroom.

Throughout the brief hearing, Sinkevitch frequently turned and smiled at those sitting in the gallery when cries of a child were heard echoing down the hall.

Jensvold told White Agerter’s family is requesting the release of his vehicle, which is still in police custody. Huggins said he does not anticipate objections on his part concerning the vehicle’s release.

The case is subject to cyclical reassignment of rotating judges this year, but White said he may “keep the case.”

Sinkevitch will appear in court April 9 at 1:30 p.m. when the trial date may be re-set.


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Shawn Main. PCSO photo

Testimony concluded Friday in the two-part Chronis hearing surrounding the blunt-force trauma death of 3-year-old Tiana Capps in 2015.

The defense team for Shawn Main, the woman charged with Tiana’s murder, called the special hearing months ago to require the state to establish probable cause in the death-penalty case.

Pinal County Sherriff’s Office Homicide Detective Michael Benedict testified March 2. The first portion of the hearing was held in January with testimony from a medical examiner.

A portion of Benedict’s testimony expanded on an allegation of a note allegedly written by Main the day after Tiana’s death. Prosecutors previously alleged the letter exonerated Main’s wife Maria Tiglao and the children’s biological mother, Tina Morse.

The three adults lived together with Morse’s four children in unincorporated Maricopa. Tiana was pronounced dead at Banner Casa Grande Medical Center Nov. 19.

Deputies allegedly discovered the note at Main’s residence Nov. 20 after they responded to a missing person’s call from Tiglao, according to court documents.

Written on lined paper, the note reads in part:

“To whom it may concern:
November 2015
I, Shawn Main, take full responsibility in the death of Tiana Capps. She would never have died if I sought medical attention the first night she was falling. Whether I thought it happened from her acting out on purpose or not, had I not let my pride get in the way, she would still be here alive. Neither Chris Tiglao nor Tina Morse had any knowledge of what was happening when Tiana was falling over and over. Nobody else had any contact with her so that leaves me responsible for her alleged sexual abuse as well. I am not worthy of keeping my life when she never had a chance to live hers.
Shawn Main”

After searching the property, Benedict said deputies found Main in a detached garage.

At that time, Benedict was in Tucson at Tiana’s autopsy.

“I received a text message from patrol while I was at the autopsy that Ms. Main had tried to take her own life,” Benedict said. “She was being transported to the hospital.”

Benedict further testified that photos taken of Main included “pretty substantial injuries to her forearms.”

Main eventually recovered from her injuries and was interviewed at her home Dec. 5.

In response to a counter by the Defense Attorney Chester Lockwood, Benedict testified Main had stayed consistent in her explanation of the bruising on Tiana’s forehead during all three police interviews prior to all three women’s arrest on Dec. 24.

Benedict said Main never evaded questioning by detectives.

Prosecutors have until March 12 to file a memorandum with the court regarding the Chronis hearing. The defense is expected to file a response a week later. The state can submit a rebuttal by March 23.

Possibly delaying the upcoming trial is Main’s “major surgery” that has yet to be successfully scheduled, Main’s defense said in court.

The four-week trial is set for July 31.

Main will appear in court for a pre-trial hearing April 2, pending a confirmed surgery date.

Arthur Eric Magana and Gustavo Olivo are charged with murder. PCSO photos

The teens charged with the murder of 20-year-old Wyatt Miller appeared separately in court Monday in a hearing two months ahead of their trial date.

Co-defendants Gustavo Olivo and Arthur Magana are charged with first-degree murder and armed robbery in the 2016 shooting death of Miller in an incident south of Maricopa.

Attorneys for the defendants are prepared for an April 10 trial, but that date could be pushed back due to the heavy trial case load for the judge assigned to the case.

Judge Kevin White said he has three capital cases going to trial around the same time, including Olivo’s and Magana’s trial.

Magana’s attorney, James Soslowsky, is currently in the middle of representing a separate murder trial. He said Magana’s case could still be ready for the April trial, pending what could be a major change to the case.

“There’s a couple of issues that I need to take a look at,” Soslowsky said. “One primary concern for the trial date is whether or not I’m going to be filing a motion to sever.”

That motion would create separate trials for the defendants. State law requires counsel to file the motion 20 days before trial.

Soslowsky requested the case return to White’s court room in two weeks, when the attorney said he would be better prepared to discuss a possible change in the trial date. John Schaus, Olivo’s attorney, later made the same request of the judge.

White scheduled a status review hearing for both defendants March 12 at 1:30 p.m. The judge said a possible alternate trial date could be May 1.

“That’s just a consideration and not something I’m pushing for,” White said.

Witness and evidence lists have been building in the case since September.

Prosecutors named three Department of Public Safety forensic scientists and an officer as witnesses five months ago. Document evidence submissions included law enforcement reports, DNA examination report, latent print examination report, controlled substance examination report and a serology examination report.

In January, forensic scientist Aaron Brudenell was added as a witness expected to testify as a firearms expert. Brudenell’s firearms examination report and another report by a detective on the case were also submitted as evidence.

An investigator joined Shaus in Olivo’s case “to assist in preparation of this case” in December.

White approved Goodyear-based DiCarlo Associates LLC, a private investigation company that “has done over 250 criminal defense cases…including approximately 15 capital murder cases” since 2004, according to court documents.

Schaus has requested reimbursement of reasonable expense incurred through the firm’s hiring which costs $45 per hour.

Miguel Figueroa

The man accused of killing his wife, Olivia Figueroa, with a sword in 2016 was absent for his court date Monday morning.

Representing Miguel Figueroa during the status review hearing in Pinal County Superior Court was public defender Mark Benson.

“Your honor, on the next matter, I do not have a client here,” Benson told Judge Kevin White Feb. 26.

Figueroa has been in custody inside Pinal County Jail since his arrest in 2016. When White prompted the attorney for explanation on his client’s absence, Benson said it was not due to illness or other similar circumstance.

Benson said he was told by law enforcement that Figueroa did not wish to appear in court.

“According to them, the sheriffs, (Figueroa) said, ‘I have trial in May. I’ll show up then,” Benson told White

However, the judge’s upcoming docket is slammed with upcoming trial dates near the time of Figueroa’s. Benson and prosecutor Kristen Sharifi agreed Monday to meet March 12 to discuss “revisiting” Figueroa’s trial with his client present in court.

Attorney and prosecutor had also met with White in his chambers prior to the hearing to discuss the matter.

“Based upon our conversation in chambers, I will speak to Miguel,” Benson said. “I will get him (here) in two weeks so we can discuss the trial setting,” Benson said.

In January, court documents reveal Figueroa’s attorneys, Benson and Scott Johnson, motioned for a Rule 11 psychological evaluation for their client that was later granted.

Benson said he recently submitted the evaluation to the court. White said Monday morning he has since reviewed the report. The results of the evaluation have not been made available to the public.

A grand jury re-indicted Figueroa Dec. 20 on the same four charges from 2016: first-degree murder, kidnapping and two counts of aggravated assault.

He pled not guilty to all counts nine days later.

Figueroa is scheduled to appear in court ahead of his trial for a status review hearing March 12 at 1:30 p.m.



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Told not to have any contact with victim's family

Marcos Martinez (PCSO photo)

The man the state says is responsible for the blunt-force trauma death and stabbing of his grandmother pled not guilty to one count of first-degree murder Friday.

Marcos Jerell Martinez entered a Pinal County Superior Court room Feb. 16 for his arraignment in front of Judge Lawrence Wharton.

Representing Martinez is Public Defender Paula Cook, although Martinez indicated the duration of her representation could be brief because he might be able to afford his own attorney in the future.

After the defendant’s plea, Wharton ordered Martinez to have “absolutely no contact” with family of Vicky Ten Hoven, his grandmother.

Shackled and dressed in a navy-blue jumpsuit, Martinez told the judge he had a question.

“No contact with the family of Vicky Ten Hoven?” he asked Wharton.

“That’s correct,” the judge said.

The Maricopa Police Department originally forwarded charges of second-degree murder, tampering with evidence and unlawful use of means of transportation soon after the Jan. 28 alleged homicide in Maricopa.

But a grand jury formally indicted Martinez on a single count of first-degree murder Feb. 7, alleging the suspect caused the death of Ten Hoven “with premeditation, intending or knowing that his (…) conduct would cause that death,” according to the indictment document.

First-degree murder is a class one felony and is punishable by death or life imprisonment, according to state law.

Martinez has been in custody since his arrest in Chandler on Jan. 30 where he was eventually extradited to Pinal County Jail. He remains in custody on a $1 million bond.

A pre-trial conference is scheduled for April 3 at 9 a.m. at the Pinal County Superior Courthouse.


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Marcos Martinez is accused of the brutal murder of Vicky Ten Hoven. (photos PCSO/Facebook)

Eight months before Vicky Ten Hoven was killed  in her Maricopa home, police reports state the grandson accused of her murder had been “involuntarily committed.”

May 22, 2017, a Chandler Police officer was dispatched on a “mental health pickup order” to retrieve Marcos Jerell Martinez from his hospital room inside Chandler Regional Medical Center, according to a report from the Chandler Police Department. The report did not indicate the reason behind Martinez’s admittance to the hospital.

After placing Martinez in handcuffs, the officer transported him to a behavioral health and substance abuse treatment facility in Mesa.

CPD spokesman Seth Tyler said the mental health pickup order was signed by a judge and approved by a supervisor. He said individuals are typically “mandated” to stay 72 hours at the facility but are often released before then.

Details as to the cause of Martinez’s alleged committal and its duration were not included in the report.

Martinez, 23, was said to have lived with his grandparents in Maricopa on occasion and also stayed at two homes in the Valley where his parents are said to live separately, according to Maricopa Police Department spokesman Ricardo Alvarado.

His contact with law enforcement appeared to be non-violent prior to late January when he became the person of interest in his grandmother’s death.

Sixty-two-year-old Vicky Ten Hoven was discovered by her husband in a pool of blood on her kitchen floor on the evening of Jan. 28. Her vehicle was also missing from the home.

The Maricopa Fire/Medical Department pronounced Ten Hoven dead 15 minutes after receiving the emergency call. An autopsy conducted by a Pinal County medical examiner one day after Ten Hoven’s death revealed a brutal homicide.

Court records say the ME located five stab wounds to Ten Hoven’s head, describing wounds to her face and neck. Blunt force trauma was determined as the cause of death.

Ten Hoven also sustained numerous defensive wounds consistent with fighting back, and the ME advised officers the victim’s attacker should have scratch marks or lacerations, according to the report.

MPD detectives found blood spatter throughout the home the night of the alleged murder as well as numerous bloody knives with broken blades and handles.

The report also alleges evidence was present at the scene to support a charge of attempting to destroy evidence. A mop had been used to clean areas of the residence and a discolored comforter was discovered inside a washing machine that emitted “a strong odor of bleach.”

Despite the alleged attempt to conceal the crime, the report says detectives located a blood trail that led from the kitchen to a bedroom identified as belonging to Martinez.

MPD described the victim’s grandson as a person of interest in the case and obtained a warrant to monitor the “pings” from his cellular phone in an attempt to locate him.

Officers arrested Martinez just after midnight Jan. 30 inside his grandmother’s missing vehicle. He was parked in an industrial area near 2290 Yeager Drive in Chandler and was found after authorities were alerted to his phone’s ping from a nearby cell tower.

Officers reported observing blood inside the vehicle “in plain view.”

Authorities also noted injuries to Martinez including a freshly stitched index finger, lacerations to his left hand’s fingers, palm and thumb, and an apparent injury to his hip.

As police detained Martinez, he allegedly told an officer, “There is evidence on my phone,” according to the report.

The report also says stains consisted with the appearance of blood were found on Martinez’s shirt and shorts. Ten Hoven’s vehicle and Martinez’s clothing were impounded as evidence.

MPD is forwarding charges of second-degree murder, tampering with evidence and unlawful use of means of transportation.

Martinez is being held on a $1 million bond in Pinal County Jail. There has been no grand jury indictment.



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Jose Valenzuela is accused of the June 2015 murders of Tina and Michael Careccia. PCSO photo

The lead public defender in a high-profile Maricopa double-murder case has retired, possibly postponing the already belated trial for as long as another year and a half. 

James Mannato, former lead attorney for Jose Valenzuela, announced in court Wednesday he has officially retired from the public defender’s office and is seeking a replacement who could need considerable time to familiarize themselves with the case. 

Mannato filed a request Jan. 18 for a specific attorney, Bobbi Falduto, to replace him in the case. Given the complexities of taking over a capital case, Falduto said, the soonest she could imagine a trial to start would be “a year or year and a half.”

Falduto came highly recommended by the Public Defender’s Office in Maricopa County, having served the office from 2000 to 2017, Mannato said. 

Additionally, “she has the qualifications and temperament to do this kind of job.”

During her tenure with Maricopa County, Falduto was part of the defense team in a landmark Arizona case known as Chronis v. Steinle. The decision reached in the case established what is known as the Chronis Rule, which guarantees the right of a defendant in a capital murder case to “request a determination of probable cause as to alleged aggravating circumstances.”

Falduto’s appointment, though summarily approved by Judge Kevin White, is not yet official, thus she declined to comment on the case.

Special prosecutor Gary Husk, also brought into the case after proceedings had begun, said a year and a half would be “abnormal.”

“I was very much in the same situation when the conflict occurred,” Husk said. “And, it took me about six months to get ready.”

The conflict Husk refers to occurred in 2016 when Kent Volkmer was elected Pinal County Attorney. At the time of his election, Volkmer was attached to the case as a special guardian, thus creating a conflict of interest for PCAO. 

Additionally, Husk said, “the victims’ families are very concerned about a one-and-a-half year delay on top of what’s already occurred.” 

If the trial date is pushed back another year and a half, that would mean nearly four years had lapsed between the time of the alleged murders and the trail start date. 

Increasing the likelihood of any extensive postponement, Judge White is leaving his criminal assignment in March.

This means another judge would be stepping in and likely needing time to familiarize themselves with the case before trial began. 

Valenzuela stands accused of murdering husband and wife Michael and Tina Careccia in June 2015 and then burying their bodies next to his home in Thunderbird Farms, an unincorporated community just south of Maricopa. 

He faces two counts first-degree murder, both punishable by death. 

Case Timeline

 

Marcos Martinez (PCSO photo)

In recent months, a man accused of murder and his younger brother have had brushes with the law in Arizona.

A memorial fund has been set up for Vicky Ten Hoven at gf.me/u/gh62d5 to help with funeral expenses.

Marcos Jerrell Martinez, 23, is accused of killing his grandmother, Vicky Ten Hoven, Sunday evening. According to Maricopa Police Department, Martinez and his brother Dorin, 22, occasionally lived with their grandparents in Rancho El Dorado.

Jan. 25, police responded to the home on a report that Dorin Martinez had assaulted his grandfather after a dispute over the television. The TV controls had been “locked down,” and the grandfather told Dorin to unlock the controls and to respect his belongings.

According to the police report, Dorin pushed his grandfather (also described as his step-grandfather), who fell on the floor, and then punched his grandfather in the head “causing a laceration” to his scalp.

MPD described Dorin as special needs and the grandfather as “pre-Alzheimer’s,” and Dorin was cited but not taken into custody.

Since May, Marcos Martinez has had four cases in Maricopa Municipal Court. Those charges involved drug use and possession, speeding, failure to stop at an accident and failure to appear. None of those cases involved physical violence.

Marcos was arrested in Chandler early Tuesday morning on charges of second-degree murder (a class 1 felony punishable by up to 25 years in prison), unlawful possession of a vehicle (a class 5 felony punishable by up to 2.5 years) and tampering with evidence (a class 6 felony punishable by up to 2 years).

 

Marcos Martinez was arrested early Tuesday morning after his grandmother, Vicky Ten Hoven, was killed in her home Sunday. (Photos MPD/Facebook)

The grandson of a woman killed in Maricopa has been arrested in Chandler.

Vicky Ten Hoven, 62, was found deceased on her kitchen floor on Sunday around 7:40 p.m. by her husband, and a vehicle was missing. Maricopa Police Department announced they were seeking Marcos J. Martinez, 23, as a person of interest in the case.

Ten Hoven had been a Realtor with HomeSmart Success since May 2017.

Martinez’s arrest was announced Tuesday morning at a press conference by MPD spokesman Ricardo Alvarado. He said Martinez was found in an industrial area in Chandler at 1 a.m. in the missing vehicle. The arrest of Martinez was without incident, he said.

Martinez was further identified as a grandson of Ten Hoven, one of two grandchildren occasionally living in the house on Bunker Drive in Rancho El Dorado. Martinez also had a home in Gilbert, according to MPD.

Alvarado said police did not believe the crime was random because there was no forced entry to the house or other noticeable disturbance. 

“We did find biological evidence, physical evidence in the vehicle that linked him to the crime scene and to the death of Ms. Ten Hoven,” Alvarado said.

Martinez has been charged with second-degree murder and possession of a stolen vehicle. He was booked into Maricopa County Sheriff’s Office’s Fourth Avenue  Jail awaiting extradition to Pinal County.

MPD did not release information on the direct cause of death or likely weapon.


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Shawn Main. PCSO photo

 

The medical examiner who conducted the autopsy of 3-year-old Tiana Capps, whom the state alleges was abused then killed by her caretaker near Maricopa, testified in court Thursday.

Jennifer Chen with the Pima County Office of Medical Examiner said her examination on Nov. 20, 2015, revealed the child suffered at least 12 “impacts sites” to her face and head caused from a blunt force object.

The trauma caused abrasions, contusions, two hemorrhages on the brain and eventually death. Chen listed the toddler’s death as a homicide.

Chen’s autopsy report also found Tiana was “undernourished,” weighed 24 pounds at the time of her death, and had poor dental health and a severe diaper rash.

Prosecutors say Shawn Main is responsible. She’s facing a first-degree murder charge and the death penalty along with multiple counts of child abuse. Thursday’s testimony was part of a Chronis hearing, required in Arizona to establish probable cause in death-penalty cases.

Main allegedly told police in 2015 she was Tiana’s sole caretaker at a home they shared with two other women and Tiana’s three siblings in an unincorporated area of Maricopa. One of the other women was the children’s biological mother, Tina Morse.

The state claims aggravating factors in the case include the girl’s young age and the “especially heinous, cruel or depraved manner” of the crime.

Main’s defense counsel asked Chen whether Tiana could have been asleep or unconscious during the impacts, and if it was possible the toddler could have felt no pain if the latter were true.

Chen said pain levels are subjective, but the child would have had to suffer at least one impact before losing consciousness.

“Generally, head trauma causes pain,” Chen said.

During questioning from both sides, Chen testified she could not determine whether the trauma was caused by a blunt object striking the child’s head or if her head repeatedly hit a blunt object.

Main allegedly made statements to police explaining Tiana had been “falling a lot” before her death and had become “defiant and oppositional,” prosecutor Shawn Jensvold said in court.

“(The child’s) injuries were not consistent with a simple fall,” Chen said.

The defense pointed out during questioning that the autopsy report did not list any defensive wounds on the child’s hands and forearms.

In response to prosecution, Chen said Tiana would “likely not” be able to defend herself against an adult because of her age and that an undernourished body causes “a person to feel weaker, tired, with less energy.”

Chen’s testimony also included questions from prosecution about a note allegedly authored by Main after the autopsy report.

In it, Jensvold said Main allegedly “exonerated the other two adults that were in the house.”

Testimony from the detective on the case is expected to reveal more about the note and other details when the hearing continues March 2 at 8:30 a.m. at the Pinal County Superior Court.


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Arthur Eric Magana and Gustavo Olivo are charged with murder. PCSO photos

Two teenagers accused of shooting 20-year-old Wyatt Miller to death in the seat of his truck last November appeared again in court Monday morning.

Arthur Eric Magana and Gustavo Olivo, both charged with first-degree murder and armed robbery, are preparing for an April trial. Judge Kevin White heard from the teens’ attorneys on the possibility of a settlement conference.

“We were advised by email by the County Attorney’s Office that they had staffed the case and that no plea offer would be coming,” said James Soslowsky, Magana’s attorney.

Attorney John Schaus, representing Olivo, told White his client might be open to resolving the case, “but there isn’t an offer (from the state) right now.”

White asked the state to clarify whether it would make an offer – or accept offers from the defendants – by the next court date on Dec. 11. White also addressed apparent problems behind the scenes between Olivo and Schaus.

In September, Olivo motioned the court for “substitution of attorney on grounds of ineffective assistance of counsel.”

During that hearing, White delayed the motion and encouraged Schaus to have “meaningful communication” with his client before the next court date. Olivo told White Monday morning he was withdrawing his motion to excuse his attorney.

“At this point, we are working with the client,” Schauss said.

Moving forward, White is expected to see motions from both attorneys come across his desk in the coming days.

Schauss said he filed a motion Friday regarding the cost of heavy administrative duties his office is tasked with to prepare for trial. In the motion, Schauss said he is asking permission from the court to print black-and-white photocopies of discovery, including photographs and Facebook communications.

“It’s just too much of a task on my copy machine at the office, so I have to go to Kinko’s or Staples to do that,” Shauss said.

Soslowsky said he will also file a motion “regarding my client’s statements to law enforcement.”

White told the defense he would prefer to see those matters addressed in court at least 60 days prior to trial.

The next hearing for Olivo and Magana will be Dec. 11 at 9 a.m.

Jose Valenzuela was in Superior Court Monday for a pretrial hearing on murder charges in the deaths of Michael and Tina Careccia.

The trial for one of Maricopa’s most high-profile murder cases is on track, according to lawyers on both sides.

The trial date for accused double-murderer Jose Ignacio Valenzuela is set for Jan. 23 and is on schedule. Valenzuela is charged with the two counts of first-degree murder for the shooting deaths of Tina and Michael Careccia.

Prosecutor Gary Husk and defense attorney James Mannato appeared along with Valenzuela in a Pinal County court room Monday as part of a status hearing. Both sides agreed they were on course to make the January court date.

The next status hearing is scheduled for Nov. 6 at 2:30 p.m. in Judge Kevin White’s courtroom at Pinal County Superior Court in Florence. Because of the notoriety of the case, it has become the trial around which all other upcoming murder trials are scheduled.

On the evening of June 21, 2015, both victims were shot in the head with a .22 caliber pistol, the bodies buried next to the Valenzuela house and discovered two weeks later.

Jose Valenzuela is accused of the June 2015 murders of Tina and Michael Careccia. PCSO photo

At a procedural hearing Monday, an attorney for a local man being tried for a double murder was accused by the county’s prosecutor of violating ethical standards for comments he made to the media regarding the case.

Public Defender James Mannato, legal counsel for Jose Valenzuela, appeared in a Pinal County courtroom with his client July 17 for a status review hearing when the allegations of unethical conduct were lodged by special prosecutor Gary Husk.

Husk alleged statements made to a Pinal County newspaper regarding certain “sealed” subpoenas exceeded the ethical boundaries of legal counsel. The statements made to the newspaper, Husk believes, could have an impact on the objectivity of the public and potential jurors.

“We can try this matter in the press, or we can try this matter in the courtroom,” Husk said while addressing the court on Monday.

Mannato responded to the allegations of ethical violations by drawing attention to the fact then-Pinal County Sheriff Paul Babeu made public remarks about Valenzuela’s guilt at the time of his arrest. This, Mannato said, did much more to prejudice public opinion of his client than any of his statements to the newspaper.

“I have been trying to find ways to counteract that [Babeu’s statements] ever since,” Mannato said.

Mannato stated he is within the boundaries of section 3.6(b) of the American Bar Association’s Model Rules of Professional Conduct, which states legal counsel will not make any statements to media if the statements “have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.”

Specifically, Mannato invoked subsection (b)(2) of that rule, which states information that is part of the public record can be discussed with media.

Husk, undeterred by the explanation, expressed his intent to file a motion to have the subpoenas unsealed.

In an exchange between the two lawyers outside the courtroom Mannato said he never asked for the subpoenas to be sealed and anything discussed with the reporter was available in the case file.

Nonetheless, Husk claimed to have never seen the subpoenas, which were in regard to phone records of one of the victims, Michael Careccia.

Though unwilling to make a public comment about the allegations of unethical conduct, Mannato did state his intent to possibly file a motion to have the death penalty taken off the table.

Citing a pending case with the Arizona Supreme Court that aims to establish a uniform application of the death penalty in all Arizona counties, Mannato plans to follow the line of argument that capital punishment is unequally applied across counties and thus unconstitutional in its current form.

“You have a situation where you could commit the same exact crime in the same circumstance in one county and find yourself looking at the death penalty,” Mannato said “But, if you do it in the poorer county you won’t because they don’t have the funds to fund the prosecution of capital cases, because it’s very expensive.”

The next status review hearing was set for Aug 28 at 3 p.m. in Judge Kevin White’s courtroom in Superior Court in Florence.

A tentative trial date has been set for Jan. 23, 2018, at 9 a.m. at the same location.

Kathryn Sinkevitch is accused of murdering ex-boyfriend Michael Agerter in Maricopa.

The woman charged with first degree murder in the shooting death of 31-year-old Michael Agerter last December had a new lawyer represent her in a Pinal County Superior Courtroom Monday.

Florence attorney Bret Huggins made his first appearance defending Kathryn Sinkevitch, 32, whose trial is scheduled to begin in May of next year.

The former public defender for Sinkevitch, James Mannato, withdrew from the case in June.

In court documents, Mannato motioned to withdraw from the Sinkevitch case, citing “conflict of interest” under the authority of Arizona State Bar Ethical Rule 1.16.

Mannato said he could not make public comment about nor clarify his decision to withdraw.

Huggins entered his notice of appearance to the court on June 28, and represented Sinkevitch for the first time in front of Judge Kevin White Monday morning.

His work on the case is just beginning as Huggins works to collect evidence and documents first obtained by Mannato.

“I’m trying to get the discovery that the public defender had and I haven’t got that all together yet,” Huggins said.

Court documents show the prosecution, in preparation for trial, has called the Phoenix Police Department Crime Lab as witness to the case. There is also notice to the defendant of evidence including jail mail, forensic audio, forensic video reports and power of attorney.

In June, the Pinal County Attorney’s Office motioned for the taking of a sample of Sinkevitch’s hair and buccal swabs for evidence by Maricopa Police Department Detective Michael Dennison.

Buccal swabs collect DNA from the inside of a person’s cheek or mouth.

“Defendants hair and buccal swabs are needed in order for the Federal Bureau of Investigations to conduct a comparison examination,” the motion stated.

Hair samples will also be forwarded to the Department of Public Safety for comparison examination as well, according to another court document.

Sinkevitch is accused of shooting Agerter, her ex-boyfriend, in the garage of his Maricopa rental home in December. The two lived separately, but had an infant son together.

Agerter was reportedly attempting to gain parental rights to the child who was 1-month-old at the time of the murder.

Sinkevitch will be in court for a review hearing Aug. 28 at 9 a.m.

Arthur Eric Magana and Gustavo Olivo are charged with murder. PCSO photos

A trial date was affirmed in court Monday for two Maricopa teenagers accused of first-degree murder and armed robbery in the November shooting death of Wyatt Miller.

Gustavo Olivo and Arthur Eric Magana are set to stand trial before Judge Kevin White next year on April 10.

A status hearing for the accused will take place Aug. 28 at 9 a.m. at Pinal County Superior Court.

Attorney for Olivo, John Schaus requested in court Monday that a future settlement hearing be scheduled in the fall. That date has not yet been set.

Last November, the Pinal County Sheriff’s Office said Miller was found dead inside his truck of numerous gunshot wounds outside of a residence on Cardinal Road north of Interstate 8.

PCSO said deputies tracked Olivo and Magana to a residence on South Oak Road using two sets of footprints they said matched the patterns on the bottom of the suspects’ shoes.

Miguel Figueroa Sr. (PCSO photo)

The man accused of stabbing to death is wife, Olivia Cecelia Julian Figueroa, with a sword in December may not see a trial.

Attorney Paula Cook represented defendant Miguel Figueroa in court Monday for a hearing that was expected to produce a trial date and possible change of plea. However, Cook told Judge Kevin White she has “submitted a proposal to (the prosecutor) for her to consider to resolve this without a trial.”

Cook requested Monday’s hearing to be re-set to provide time for the prosecution to go over the proposal details.

Outside the courtroom, Cook said she would not comment on those details. Cook also represents Figueroa on a probation violation case.

If the murder case is set for trial, Cook told the judge it could begin in March of next year. The Pinal County Attorney’s Office announced earlier it would not be a death-penalty case.

Figueroa’s next hearing will take place at Pinal County Superior Court on July 17 at 9 a.m.

Figueroa was indicted by a grand jury in December on charges of first-degree murder, kidnapping and aggravated assault.

Jose Valenzuela is accused of the June 2015 murders of Tina and Michael Careccia. PCSO photo

A Pinal County judge struck down a motion Thursday aimed at returning one of Maricopa’s most high-profile murder cases to a grand jury on the grounds that jurors were prejudiced by prosecutors’ actions and their declared intent to seek the death penalty.

Public Defender James Mannato, representing alleged double-murderer Jose Valenzuela, filed the motion to remand the case to another grand jury based on potential bias and what he called “unintentionally false” facts presented to the grand jury which ultimately “reduced their objectivity.” Had his argument been successful, it would have been the third grand jury in the case.

Valenzuela, 40, is accused of murdering Michael and Tina Careccia in June 2015. Mannato already had the first indictment thrown out, forcing Pinal County to convene a second grand jury last year for a re-indictment.

Thursday, Mannato argued three factors contributed to the potential bias of the grand jury, none of which convinced Judge Kevin White that Valenzuela was denied any “substantial procedural right.”

The first indication of potential prejudice, Mannato argued, was a public disclosure by then-County Attorney Lando Voyles regarding his intent to seek the death penalty, which could have weakened the grand jury’s objectivity.

White said that assertion was “speculative on defense’s part.”

Second, Mannato said, by walking the grand jury through the first-degree murder conviction process, jurors were unfairly pushed to consider first-degree murder as the only charge, when in fact the jurors can and should consider all possible charges, including lesser forms of homicide such as manslaughter.

White said Mannato’s point does not indicate bias per precedent, stating improper proceedings do not call for remand unless “the testimony prejudiced or damage defendant,” which White does not believe happened.  

The third point Mannato made, was regarding questions posed to law enforcement officers by county prosecutors that may have “misled” the grand jury into believing one of the victims, Tina Careccia, was shot at point blank range in the back of the head when in fact the entry wound was located on top of her skull, according to police statements

White said any potential misstatements or “misleading” questions based on the exact location of the victim’s wounds do not detract from the fact the medical examiner declared the wound to have been made at point-blank range, indicating possible premeditation.

Valenzuela’s trial is set for Jan. 23. The prosecution is being conducted by special prosecutor Gary Husk after Pinal County Attorney Kent Volkmer recused his office.

 

 

Miguel Figueroa Sr. (PCSO photo)

By Michelle Chance

The Maricopa man accused of killing his wife with a sword in December will not face the death penalty.

According to court documents, state prosecutors have until May 5 to file a notice of intent to seek the death penalty against Miguel Figueroa Sr.

However, Pinal County Attorney’s Office spokesman James Tanner said the state is not pursuing a capital case, and could not provide an explanation behind its decision because the case is still ongoing.

Inside a county courtroom Monday, 45-year-old Figueroa stood clothed in a jumpsuit and shackles alongside defense attorney Paula Cook.

Judge Kevin White approved Cook’s request to extend the date of a future hearing, which will determine Figueroa’s trial date.

Cook said she could not comment on the details of the case.

In December, Maricopa Police arrested Figueroa after he allegedly used a sword to kill his wife Olivia. That night, police found the victim’s body with multiple stab wounds in a desert area near the Heritage District.

Figueroa was later indicted by a grand jury on four felonies, including first-degree murder, kidnapping and two counts of aggravated assault.

Figueroa’s trial date will be decided in court on June 12 at 9 a.m.

Kathryn Sinkevitch is accused of murdering ex-boyfriend Michael Agerter in Maricopa.
By Michelle Chance
A trial date was set Monday for the Tempe woman charged with first-degree murder in the shooting death of Michael Agerter inside the garage of his Maricopa rental home in December.
Trial will begin for Kathryn Sinkevitch on May 8, 2018, at the Pinal County Superior Court House in Florence.
Public Defender James Mannato announced in court that, in agreeance with the prosecution, the trial will last four weeks with a 12-person jury. Sinkevitch will not be facing the death penalty.
Prosecutor Sean Coll said the defense “has been fine working on the trial date” with him, but could not comment further on the case. Mannato said there are “still many things to be done” in anticipation of the trial a little more than a year away.
In March, Judge Kevin White granted the public defender’s extension request to challenge the proceedings of the grand jury that indicted Sinkevitch with first-degree murder. However, after further review, Mannato said it was a fair presentation and there were no grounds to challenge.
He said of his client that Sinkevitch has pleaded not-guilty and should be presumed innocent throughout the process.
“I hope people take heed to that,” Monnanto said.
Sinkevitch shared a young child with Agerter, who was seeking custody of the then 1-month-old at the time of the murder.
A status review hearing is set for June 19 at 9 a.m.

Kathryn Sinkevitch is accused of murdering ex-boyfriend Michael Agerter in Maricopa.

Pinal County prosecutors have until March 7 to decide if they wish to seek the death penalty against a woman accused of murdering her ex-boyfriend in Maricopa.

Kathryn Sinkevitch appeared before Judge Kevin White in Superior Court Monday. The 32-year-old Tempe woman is charged with first-degree murder in the death of Maricopa resident Michael Agerter, 31. He was shot to death Dec. 16 in the garage of his rental home in Rancho El Dorado.

Family members of both were in the courtroom.  The Agerter family sat in the front row, straining to see as Sinkevitch was led into the busy well of the court. Wearing eyeglasses and a maroon jumpsuit, Sinkevitch appeared in jail shackles, her hair in braids.

During the hearing, prosecutor Sean Coll’s motion to take DNA evidence from Sinkevitch was granted. Prosecution and defense have also filed motions regarding access to the rental home and the logistics of getting permission from the person currently controlling the property.

Coll also said his office was still studying the possibility of seeking the death penalty.

Public defender James Mannato said his case was “still a little up in the air” over that.

“We do not want the wheels of capital punishment to go into motion,” he said.

Agerter’s family is circumspect about the idea.

“I don’t know if she did this. If she did do it, I want her to pay for what she did,” Agerter’s mother Leslie Agerter said in an interview last month. “I’m not looking for revenge. Hopefully, the law will come up with the right punishment.”

Sinkevitch and Agerter had a child together, a boy who was only a month old at the time of his father’s death.

The oldest of the four Agerter children, Michael came to Arizona six years ago from Ohio for a job but remained close with his siblings. Leslie Agerter described her son as “a caring, giving person.”

She said he started dating Sinkevitch about three years ago. Kathryn came with him to Ohio a couple of times to visit family.

The relationship was “up and down,” Leslie Agerter said. Though Mike talked about backing away, he hesitated because she didn’t have a job at the time and would suffer financially from a breakup, his mother said.

Leslie Agerter said the family was unaware of domestic violence allegations until the day after Mike had to get medical treatment. She said he called and told them some of Sinkevitch’s violent behavior. She said Mike had planned to leave, but then Sinkevitch found out she was pregnant.

Leslie Agerter called it a “toxic relationship” that forced her son to file for an order of protection against Sinkevitch.

She said that was also why he moved to Maricopa. After an allegation Sinkevitch stole his dog and was showing up at the Maricopa property, he asked his landlord for permission to install security cameras.

He also filed papers to seek custody of the child, whom he never met.

“He was being a man and wanting to take care of his son,” his mother said.

Dec. 16, he had just given a DNA sample in the custody case and was heading back home to Maricopa when he called his sister in Ohio. Instead, his mother answered the phone. They spoke briefly before Leslie handed the phone to her daughter.

Brother and sister talked all during his drive home. Meanwhile, Leslie left her daughter’s house to return to her own home a short drive away.  When she walked in the door, she discovered her daughter had been trying to reach her.

“She said they were still talking when he got to his house. She said she just heard a bang,” Leslie Agerter said. “And he wasn’t there anymore.”

Neighbors on Sagebrush Trail reported gunshots to law enforcement. From Ohio, Leslie Agerter was also trying to reach Maricopa Police to ask someone to go check on her son, not knowing they were already responding to the scene.

He was discovered deceased in the garage. His family saw the scene online from various media outlets before the appropriate person at Maricopa Police Department could officially inform her of what had transpired.

Footage from the surveillance camera at the side of the garage showed a school bus driving past the house before a figure entered camera range from across the street. It was apparently a female in a hoodie that obscured her identity.

The person left camera range by walking into the garage. A few moments later, the person left quickly, crossing the street and getting into a white caravan, which left the scene.

Sinkevitch was arrested Dec. 22 in Avondale by U.S. Marshals Fugitive Taskforce.

“If it was her, she didn’t need to go to extremes,” Leslie Agerter said. “They could have talked through this.”

Arizona Department of Child Safety took custody of the child and allowed family visits.

During Monday’s brief hearing, Leslie Agerter sat at the back of the gallery, child in arms, before the case was called. When Sinkevitch family members sat next to her, she said nothing but the bailiff had them move to the opposite side of the room.

The next pre-trial hearing is set for March 27 at 9 a.m.

Kathryn Sinkevitch is accused of murdering ex-boyfriend Michael Agerter in Maricopa.

First-degree murder case against a Tempe woman is moving forward to a trial.

Kathryn Ann Sinkevitch is accused of murder in the death of Michael Agerter. A pretrial conference is set for Feb. 13.

Agerter was found shot to death in the garage of his Rancho El Dorado home on Dec. 16. Sinkevitch, 32, was arrested Dec. 22 by the U.S. Marshals Fugitive Taskforce at a location in Avondale. She reportedly had a previous relationship with Agerter and had a child in common who was the center of a custody dispute.

A Pinal County grand jury indicted Sinkevitch on a first-degree murder charge on Dec. 28, citing homicide and domestic violence laws. The true bill states she acted “with premeditation, intending or knowing that her conduct would cause that death.”

Sinkevitch was arraigned before Judge Dwight Callahan on Jan. 6. She remains in Pinal County jail on a $1 million bond.

The pretrial conference is scheduled before Judge Kevin White in Superior Court.

Miguel Figueroa Sr. (PCSO photo)

A Maricopa man accused of killing his wife with a sword was arraigned Dec. 23.

Miguel Figueroa Sr., 45, was indicted Dec. 19 on four felony counts, including first-degree murder. His bond, first set Dec. 12, was maintained at $750,000.

Figueroa was arrested Dec. 10. The body of his wife Olivia was found later that night.

Nine days later, a Pinal County grand jury indicted Figueroa on charges of premeditated murder, a class-1 felony, kidnapping his wife, a class-2 felony, and two counts of aggravated assault, on his wife and on his son, by allegedly threatening them with a gun, class-3 felonies.

A funeral mass was held for Olivia Figueroa, 43, Dec. 17.

The night of her death, residents in the Maricopa Meadows subdivision reported seeing and hearing a man assaulting a woman and forcing her into his truck. Figueroa’s son reported being assaulted and his mother threatened before his father drove off with her in a pickup truck.

Later in the evening, Figueroa reportedly contacted his daughter, allegedly telling her he had killed Olivia. That call eventually led Maricopa Police to Figueroa at his mother’s house in the Heritage District, where responding officers reported the suspect had a sword in his hand.

Miguel Figueroa Sr. (PCSO photo)

A Maricopa man has been charged with killing his wife, Olivia Cecelia Julian Figueroa, with a sword.

Miguel Figueroa, 45, was arrested Saturday night. He was booked on charges of first-degree murder, aggravated assault and misconduct involving a weapon.

Residents of Maricopa Meadows first reported screaming to the Maricopa Police Department just after 6:30 p.m. One caller said a woman was in the bed of a Dodge pickup calling for help. MPD was unable to find the truck.

At 7:21 p.m., MPD received a call from Figueroa’s son, who said his father had assaulted him and pointed a gun at his mother while they were sitting in the pickup truck. At around 8 p.m., Figueroa’s daughter told MPD her father called her and told her he had killed their mother Olivia and left her in the desert.

Police located Figueroa at a residence near Maricopa-Casa Grande Highway and John Wayne Parkway. According to the report, he was standing outside the residence “with a sword in hand and his clothing covered in blood.”

Police reported Figueroa was shouting “kill me, kill me” and “I killed her in the desert.” After he dropped the sword, he was taken into custody. According to the report, Figueroa allegedly told his mother he had killed Olivia by stabbing her multiple times.

The Dodge truck was found in a desert area near Garvey Avenue and Roosevelt Avenue. The body of Olivia Figueroa, 43, was then found more than 100 feet away with multiple wounds to the chest and arms.

The incident is being investigated by the MPD Criminal Investigation Unit. The cause of death will be determined by the Pinal County Medical Examiner’s Office.

Figueroa’s bond is set at $750,000 on the assault charge. He has arraignment hearings set for Dec. 15 and Dec. 20. He had previous arrests in Pinal County on charges of possessing drug paraphernalia, aggravated assault with a deadly weapon and aggravated robbery.

According to court records, the couple married in 2000.

“Our thoughts and prayers go out to those that are affected by this tragic event which led to the loss of their loved one,” MPD Chief Steve Stahl said. “Domestic violence is a continuing cause for concern within the City of Maricopa as well as throughout the country which will take everyone’s awareness and assistance to eliminate. The Maricopa Police Department continues to provide training, resources and partnerships to our officers and Victims Assistance personal in the on-going effort to end domestic violence crimes and break the cycle of violence.  I commend the first responding officers in their courage and restraint while taking Mr. Figueroa into custody without further loss of life.”

Gustavo Olivo, 17, and Arthur Eric Magana, 16, have been formally charged with the felony of first-degree murder by the Pinal County Attorney's Office. (PCSO photos)

A 20-year-old man living in an unincorporated area south of Maricopa was shot to death Nov. 7 and two teenage suspects have been indicted.

Wyatt Miller died of multiple gunshot wounds, according to the Pinal County Sheriff’s Office. He apparently knew the two teens involved.

Monday, Gustavo Olivo, 17, and Arthur Eric Magana, 16, both of Maricopa, were indicted by a grand jury on charges of first-degree murder and armed robbery. They are listed at addresses within the city limits.

PCSO was called to a residence in the 54200 block of West Cardinal Road just before 7:30 p.m. on Nov. 7. The location is a couple of miles north of Interstate 8.

The caller said somebody was shooting at her and her husband from outside the house. She then said her husband went outside to check.

When deputies arrived, said to be within minutes of being dispatched, they found Miller dead inside a 2001 Chevy truck in the front yard. He was described as having “numerous gunshot wounds.”

Two sets of shoe prints were followed to a residence in the 2300 block of South Oak Road.

“Once at the residence, the homeowner advised the two subjects ran into the back room of his home,” Sheriff Paul Babeu stated. “Deputies went inside of the residence, and the two suspects were taken into custody. The shoe prints on the suspects matched the pattern of the shoe prints at the scene. One of the suspects had blood on his shoes as well.”

Babeu said robbery appears to be the motive and the three were acquainted.

He said the investigation indicated Olivo and Magana were inside Miller’s vehicle when one of them shot Miller several times. They allegedly then stole his money and other property.

Arraignment for the juvenile suspects is scheduled for Nov. 18 at Pinal County Superior Court.

Jose Valenzuela is accused of the June 2015 murders of Tina and Michael Careccia. PCSO photo

Michael and Tina Careccia were killed and buried more than a year ago, their bodies discovered next to a home on Papago Road. Jose Valenzuela has been in jail awaiting trial ever since.

In a court hearing Friday, that trial on two charges of first-degree murder was tentatively set to begin Jan. 23, 2018, at 9 a.m. in Judge Kevin White’s courtroom in Pinal County Superior Court.

Valenzuela, now 39, had to be indicted twice and the state had to twice file notice of its intent to seek the death penalty. Pinal County Public Defender James Mannato successfully had the July 8, 2015, indictment tossed after it was determined information not in evidence had been presented to the Grand Jury.

Valenzuela was re-indicted April 6 this year on two counts of first-degree murder. Mannato has until Aug. 19 to file a new challenge to the most recent Grand Jury proceedings.

Valenzuela was present at Friday’s hearing, seated beside Mannato and wearing a brown Pinal County Sheriff’s Office jail outfit and shackles. Relatives of the Careccias filled a front bench.

Michael and Tina Careccia were last seen alive June 21, 2015, after a Father’s Day party at the home where they resided in the Thunderbird Farms area. Their son reported them missing the next day. The couple’s Honda Accord was found in the area a couple of hours later.

The subsequent investigation found Michael Careccia, 44, had telephoned Valenzuela several times after the party. The last call on his phone was to Valenzuela at 11 p.m. that night, according to court filings.

Michael and Tina Careccia lived with family members two streets away from the man charged with their murders. (Instagram)
Michael and Tina Careccia lived with family members two streets away from the man charged with their murders. (Instagram)

Between June 23 and July 1, Detectives Shawn Wilson and Andrew Converse interviewed Valenzuela four times. The final time, Valenzuela called Converse and reportedly confessed to shooting both of the Careccias.

The Pinal County Attorney’s Office alleges Valenzuela borrowed a friend’s backhoe to bury the bodies in a red blanket and a blue tarp next to the house he was living in, which belonged to his parents. It was two streets north of the Careccia home.

Valenzuela allegedly told detectives he was “tripped out” on meth at the time and that both of the Careccias were also using meth. A coroner’s report filed last August showed the presence of methamphetamine and amphetamine in the victims’ systems.

The cause of death in both cases was gunshot to the head by a .22 revolver.

In testimony presented to the first Grand Jury, the Pinal County Attorney’s Office tried to prove premeditation and motive by suggesting Valenzuela had been romantically interested in Tina Careccia, 42. Mannato said there was no evidence of that or the state’s version of how the victims were shot, and allowing that to go before the jury denied Valenzuela due process.

Mannato has a pending motion to officially dismiss the first bill of indictment to prevent future confusion.

The next court hearing on that and the state’s motion to strike certain defenses is set for Sept. 30 at 9 a.m.

The trial itself will be in front of a 12-person jury. White has set aside three months for those proceedings. The timing is only tentative because the case is advancing in what the judge called a “fluid situation.”

In the meantime, at the request of Deputy County Attorney Vince Goddard, Judge White ordered Mannato not to have any contact with family members of the Careccias until the state determines who can be classified as next of kin.

Shawn Main (left) is charged with murder in the death of Tiana Rosalie Capps. Charged with abuse are Maria Tiglao (center) and Tina Morse, the child's mother.

Sheriff Paul Babeu announced today the arrest of three women in connection with the Nov. 19 death of 3-year-old Tiana Rosalie Capps.

The arrests occurred on Dec. 24 after a month-long investigation into the child’s death from blunt force trauma while in the care of Shawn Main, a 45-year-old Maricopa resident. She was charged with murder and child abuse.

Also arrested were the child’s biological mother, Tina Morse, 27, and Maria C. Tiglao, 46. Both were charged with five counts of child abuse against the four children in their care.

“The investigation has shown that the biological mother and two other women who were supposed to be caring for these four children, failed miserably in their responsibility to protect these children from harm,” Babeu said. “We discovered that all of the children suffered from abuse, the worst case resulting in the death of 3-year-old Tiana.”

As reported earlier, PCSO received a 911 call from a caretaker reporting a child in medical distress and notifying officers she was driving the child to the hospital. That caretaker is now identified as Main.

Deputies and paramedics met Main’s vehicle near Amarillo Valley Road and Century Road, where she had pulled to the side of the road at the dispatcher’s request to start CPR on the child. Deputies found the child in full code and began emergency life-saving measures.

The child was transported by ground to a local emergency room where continued life-saving efforts were unsuccessful. The child died in the emergency room. Doctors trying to save the child noted she had unexplained injuries to her head and body.

The child lived with her natural mother and two other adult females at a home on North Ralston Road in unincorporated Maricopa. Deputies who showed up at the residence for the initial investigation reported the residence was filthy, with animal feces and belongings stacked throughout the house, typical of a hoarders’ residence.

They discovered three male children lived at the home as well, all biological children of Tina Morse. They were 5-years-old, 4-years-old and 5-months-old.

As a result of the deputies’ observations, they requested the surviving children be removed from the home by the Department of Child Safety.

Tiana’s autopsy was done by the Pima County Medical Examiner’s Office and showed she died of repeated blunt force trauma.

“When our detectives interviewed the women living in the home, they established that Shawn Main was responsible for caring for the three oldest children and Maria Tiglao cared for the infant,” Babeu said. “The biological mother, Tina Morse, admitted to providing no care for her children. Shawn admitted that Tiana was under her care at the time of her fatal injuries. Although Shawn claimed the child’s injuries were self-inflicted, the medical examiner’s report did not support the claims.”

According to the report, the five-year-old male was found to have injuries to his head and malnourished. The other children were found to be malnourished. All the surviving children remain in the custody of the Department of Child Safety.

The three suspects remain in custody at the Pinal County Adult Detention Center.