A man who killed a Tucson cabdriver was deemed eligible for the death penalty Friday by Pima County Superior Court Judge Richard Fields.
The judge decided prosecutors proved "beyond a reasonable doubt" that Ruben Archunde, 22, shot Timothy Royce, 27, for money and that he did so shortly after being released from jail to the county's Pretrial Services Division on a car-theft charge.
Prosecutors did not, however, prove that the slaying was "especially cruel, heinous or depraved," Fields said.
Last month, Archunde admitted shooting Royce, a Yellow Cab driver, during a robbery in March 2008 and agreed to have Fields, rather than a jury, decide if he should be sentenced to life in prison or receive the death penalty.
Prosecutors had to prove aggravating factors existed in the case before the death penalty could be considered.
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Now that they have done so, defense attorneys will begin presenting evidence Wednesday that mitigating factors exist and Archunde's life should be spared.
Authorities believe Archunde, Marisela Pacheco and Jessica Gallegos needed money to bail Archunde's brother out of jail. The brother was was Pacheco's boyfriend.
Royce's body was found near his car in an alley near the University of Arizona. The defendants were arrested within a week.
After announcing his decision Friday, Fields listened to Royce's mother, Dianna Barsotti; his sister, Alicia Royce; and Timothy Royce's fiancée, Melissa. She gave birth to their son five months after Royce died and changed her last name to Royce.
Royce was a happy, outgoing people person who was a great storyteller, they said. They said he died when he was just on the verge of great things. In addition to being engaged and expecting a baby, he'd recently obtained an associate's degree from Pima Community College.
Barsotti said she is haunted by images of her son's last moments and avoids situations where she sees happy families.
Melissa Royce said her son looks at pictures of his father and says "Da-Da."
"I'd give anything and everything for him to be able to touch his face" instead, Melissa Royce said.
Gallegos, 17 at the time of the crime, pleaded guilty to armed robbery and was sentenced in April to seven years in prison.
Pacheco, 31, pleaded guilty to second-degree murder and armed robbery. She is serving a 22-year prison sentence.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
