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On December 2, 1989,
codefendants Eldon Michael Schurz; and Patrick Delmar Allison attempted
to rob Jonathan Art Babe of money and liquor at the City Center Motel,
located at 600 West Van Buren.
Mr. Babe resisted, so Schurz
struck the victim several times about the face and head with his fist.
Following the fight, Schutz found a quantity of gasoline and doused the
victim with it. Schutz then made a trail of gasoline away from the
victim and lit it with a cigarette lighter. This caused the victim to be
set ablaze and subsequently die.
Schurz and Allison fled the area
and were arrested a few hours later. Allison testified against Schurz;
pursuant to a plea agreement.
In addition to the death
sentence, the trial court sentenced Schurz to 12 years for an attempted
aggravated robbery enhanced by two prior felony convictions.
PROCEEDINGS
Presiding Judge: John H. Seidel
Prosecutor: Noel Levy
Start of Trial: June 6, 1990
Verdict: June 11, 1990
Sentencing: September 21, 1990
Aggravating Circumstances:
Especially heinous/cruel/depraved
Mitigating Circumstances:
None sufficient to call for leniency
PUBLISHED OPINIONS
State v. Schurz, 176 Ariz. 46, 859 P.2d 156 (1993).