Prosecutors say no grounds for appeal in Sinkevitch conviction

Despite defense attorney Bret Huggins claims, prosecutors do not believe there are grounds to appeal the conviction of  Kathryn Sinkevitch.

“We are pleased with the jury’s verdict because it is entirely consistent with the evidence presented at trial,” Pinal County Attorney’s Office Major Crimes Bureau Chief Shawn Jensvold said after  Sinkevitch was found guilty of first-degree murder this week.

Immediately after the verdict on Tuesday, Sinkevitch’s counsel made it clear they intend to appeal.

A jury convicted 34-year-old Sinkevitch in the 2016 death of Michael Agerter in Maricopa. Jensvold and Deputy County Attorney David Ahl led the prosecution.

“The evidence, which was both direct and circumstantial, pointed directly to Sinkevitch, and there is no reason to suspect that anyone else killed Michael,” Jensvold said.

The Agerter family released a statement through the Pinal County Attorney’s Office:

“On behalf of Mike’s friends and family, we would like to extend our sincerest gratitude to everyone involved in achieving this verdict. From the first officer on site that continuously talked to Mike even though it was clear he was gone, through the ranks to Detective [Michael] Dennison, Deputy County Attorneys David Ahl and Shawn Jensvold, we thank you. The behind-the-scenes effort, work and support given by Paralegal Christine Forbes and Victim Advocate Sonia Campos were incredibly invaluable to our family throughout this two-year ordeal. The team spent countless hours away from their families so ours would finally attain peace. Also, to the jurors who were tasked with making the painful decision of enacting justice for Mike. He took every legal precaution to protect himself and was trying to do the same for his child. Domestic violence knows no boundaries. Mike’s attempt to protect the child he never met escalated her aggression towards him, ultimately leading to his death.”

On Dec. 16, 2016, the City of Maricopa Police Department received multiple 911 calls of shots fired at a home on Sagebrush Trail in Rancho El Dorado. When police arrived on scene they discovered 31-year-old Agerter shot in the head and back. Agerter was seated in his car, parked in his garage.

He was pronounced dead at the scene.

Police soon discovered Agerter was on the phone with his younger sister at the time he was murdered.

Agerter had a home surveillance system at his residence. After watching some recorded footage, detectives saw what appeared to be a female subject walking quickly from a white minivan parked diagonally across the street from Agerter’s house just after he pulled into his garage.

The subject was wearing a dark hooded sweatshirt, dark pants and shoes, gloves and carrying papers in one hand with a bag draped over her shoulder. The subject was outside the views of the cameras briefly, then reappeared and scurried back across the street to the white minivan and sped away. Police ran a background check on Agerter and discovered that he had been in several legal disputes with Sinkevitch.

Agerter and Sinkevitch were romantically involved until they broke up in March 2016. In April 2016, Agerter was granted an order of protection in Maricopa County Superior Court against Sinkevitch. Records show Agerter made efforts to conceal his new address from Sinkevitch. Police also discovered Agerter filed a motion to establish paternity and requested parenting time with his and Sinkevitch’s son, who was born in October.

Agerter never saw his son before he was murdered, and the paternity results later confirmed he was the boy’s father.

During the investigation, police tracked Sinkevitch to a residence belonging to her friend and co-worker. Sinkevitch’s gray Mitsubishi Mirage and her co-worker’s white Chrysler Town and Country were parked outside the residence.

The van appeared identical to the van seen on Agerter’s home surveillance system.

Sinkevitch’s co-worker denied driving to Maricopa during the afternoon of Agerter’s murder. Sinkevitch claimed she was at work all day. However, upon reviewing workplace surveillance video, detectives discovered Sinkevitch had left in the middle of the day.

Police confirmed Sinkevitch had ample time to drive to Agerter’s house, commit the murder and return to work. Police arrested Sinkevitch in Avondale on Dec. 21, 2016, after receiving a tip. Witnesses told police Sinkevitch owned a handgun, but a gun was never located.

“We agree with defense counsel’s assessment that the defendant received a fair trial. As reflected by the fact that they deliberated over two days before returning a verdict, it is clear that the jurors took their responsibilities very seriously. However, we disagree that any legal errors were committed during the trial that are likely to result in the defendant’s conviction being overturned on appeal,” Jensvold said.

Sinkevitch will be sentenced on June 6, at the Pinal County Superior Courthouse. With capital punishment off the table, at that time she will receive a natural life sentence.