A Tucson man was sentenced to a short jail stint and a four-year probation term Friday after a confrontation with a shoplifter at a convenience store turned fatal.
Before entering Pima County Superior Court Judge Kimberly Ortiz's courtroom, Andrew Anaya, 32, and a large number of his friends and family who turned out in support of him huddled in a moment of prayer.
In June, Anaya was found guilty of reckless manslaughter after a five-day jury trial.
At about 4:15 a.m. on Nov. 21, 2025, Anaya confronted Emery Kirk, 46, after reportedly seeing him stealing packs of cigarettes from behind the counter at the Circle K on North First Avenue near East Limberlost Drive.
Anaya then followed Kirk outside, grabbed him from behind and slammed him on the ground, Deputy County Attorney John Strader said during Anaya's sentencing.
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Kirk lost consciousness, and Anaya called 911.
Kirk was taken to the hospital in critical condition. He died the next day.
Anaya remained out of custody as Tucson police probed the incident as a homicide.
Then, the following month, he was indicted on reckless manslaughter, a class two felony, court records show.
Andrew Ross, Anaya's defense attorney, argued in favor of probation during the sentencing, noting Anaya's remorse, lack of a criminal history and positive relationship with the community.
"He is loving to his community, and his community loves him back," Ross said as many of Anaya's friends and family members stood along the walls inside the packed courtroom.
What happened that early November morning, Ross argued, was a lapse in judgment which doesn't represent Anaya's character as a whole.
"In my life, I never once thought I'd be in this situation," Anaya said, adding, "I am truly sorry to Mr. Kirk and his family."
Strader, who had requested the defense make its statement first, said he had given his sentence recommendation a lot of thought, and even though Kirk's family was seeking prison time, he recommended a probation term.
"He's essentially dead over two packs of cigarettes," Judge Ortiz said.
"You chose to go outside when you had absolutely no reason to," she said.
But following Kirk out of the store to continue the confrontation seemed to be an anomaly in Anaya's behavior, she said.
In addition to the four-year probation term of standard conditions, she ordered him to serve jail time of either six months spread out on the days he isn't working, or a straight 60-day stretch.
Anaya will work out the details along with his family and his attorney and will return for a status conference on Sept. 23.
Tim Steller's column: Death shows risk in stopping brazen Tucson shoplifters
