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In October, 2000, Homer Roseberry, Diane Roseberry,
and Charles Dvoracek were involved in a scheme to steal drugs and money,
and to re-sell the drugs.
Homer Roseberry was trafficking approximately
thirteen hundred pounds of marijuana with the victim, Fred Fottler. The
two met in Phoenix, and drove to Las Vegas with the marijuana.
At a pull-off area along Highway 93, Roseberry shot
Fottler three times in the back of the head. Roseberry then dumped
Fottler's body in the weeds along the highway and continued on to Las
Vegas with the drugs. Roseberry threw the gun out several miles away
from Fottler's body.
Diane Roseberry received a 7 year prison sentence,
and Charles Dvoracek received a 10 year prison sentence.
PROCEEDINGS
Presiding Judge: Hon. William Kiger
Prosecutors: Steve Young
Defense Counsel: Raymond Hanna & David Stoller
Start of Trial: December 4, 2002
Verdict: December 19, 2002
Sentencing: July 14, 2003
Aggravating Circumstances
Pecuniary gain
PUBLISHED OPINIONS
[Direct Appeal pending before the Arizona Supreme Court]