First-degree murder and kidnapping charges have been dismissed against a Tucson man accused of killing a man and burying his remains underneath lime and concrete.
Pima County Superior Court Judge John Leonardo dismissed the case against Jason Roy Mundell, 33, because prosecutor Kellie Johnson told him there is “insufficient evidence” to proceed against Mundell at this time, court records show.
The charges can be re-filed if further evidence comes to light, court records indicate.
Mundell was arrested last December after Pima County Sheriff’s Department detectives, acting on a tip, found Cameron William Shapcott, 27, buried under 3-4 feet of concrete at an auto body shop at 3710 South Dodge Blvd.
An autopsy revealed Shapcott died from skull fractures after being struck in the head. A zip tie had also been found around his neck.
People are also reading…
Dewey McBride, a burglary suspect at the Pima County jail, told detectives that Mundell had confessed at least four times to killing Shapcott with the help of others, court documents state.
Mundell was indicted Dec. 17.
Johnson’s request to dismiss the case came after Leonardo rejected a defense motion to either dismiss the case or send it back to the grand jury for reconsideration.
Mundell’s attorney, Barbara Catrillo, was perturbed Johnson didn’t tell grand jurors that Mundell invoked his Fifth Amendment right to remain silent and they shouldn’t hold that fact against him.
She was also disturbed that Detective Theresa Hess told grand jurors McBride claimed Shapcott’s body had been “torched” when the autopsy showed no such evidence.
In her reply, Johnson told Leonardo grand jurors didn’t need to be told Mundell invoked his rights; they were simply told the detective didn’t take his statement.
Johnson also said if grand jurors weren’t told about the “torching,” Catrillo could then accuse the prosecutor of withholding evidence that benefits her client. The fact McBride’s information doesn’t match the evidence could be considered exculpatory, Johnson said.
At the time of Mundell’s arrest, sheriff’s officials said they were looking into the possibility that drugs were involved in the slaying.
Catrillo said she was pleased with Johnson’s decision to dismiss the case.
“My client is obviously innocent, the prosecutor saw this and did the right thing,” Catrillo said.
Analysis: These 9 TUSD schools are at highest risk of merging or closing
