A second Pima County jury has rejected the claims of a Tucson man who said he was suffering from post-traumatic stress syndrome when he stabbed a mentally challenged gay man 26 times, killing him in May 1998.
Ronnie Sartin Jr. once again is facing a life sentence in the death of Marc Truesdell, 29, after his conviction Tuesday of first-degree murder.
Sartin's first conviction was overturned in August 2006 after a judge ruled the original prosecutor on the case may have unduly influenced jurors with comments about premeditation during closing arguments.
After hearing the verdict, Sartin smiled, brushed off each of his shoulders and turned and winked at his supporters. He later waved to a TV cameraman.
When Judge Howard Hantman asked the attorneys when they wanted to schedule Sartin's sentencing, Sartin loudly said, "Tomorrow." It was scheduled for Dec. 17.
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Sartin, 30, testified last week that he met Truesdell at an apartment complex on North Campbell Avenue after being stood up by a woman he was supposed to meet. Lacking change to call his father for a ride, Sartin said he accepted Truesdell's offer to use his telephone.
After picking up the phone, Sartin said, he realized Truesdell had closed the bedroom door and was standing nearby wearing only a robe and holding a condom.
A confrontation ensued, during which Truesdell kicked him in the groin. Having been shot in the groin the year before, Sartin said he simply reacted.
Sartin told jurors he remembers stabbing Truesdell only twice — in the head and the neck. He remembers thinking he could hurt or kill Truesdell at that moment, but couldn't stop himself, Sartin said.
Not only had he been shot the year prior, but he'd been threatened by the shooter's family and been involved in two other unrelated violent incidents, Sartin said.
He was heavily using drugs at the time and had developed a "friend or foe" mentality, Sartin said.
After the slaying, Sartin admitted he traded Truesdell's VCR and TV for drugs.
Because Sartin did not "intentionally and knowingly" cause Truesdell's death, defense attorney Brick Storts argued Sartin should be found guilty of something less serious than first-degree murder.
Rick Unklesbay, chief trial counsel for the Pima County Attorney's Office, argued first- degree murder is the appropriate charge in Sartin's case.
Sartin's own words show he killed Truesdell with premeditation, Unklesbay said.
The prosecutor also said Sartin could be convicted of first-degree murder under the felony murder rule. People can be charged with first-degree murder if someone dies during the commission of a felony — in this case, robbery and burglary.
Although jurors unanimously had to find Sartin guilty, they didn't have to be unanimous about the theory under which they were convicting Sartin.
When reading the verdict, the court clerk said six jurors believed Sartin was guilty of both premeditated and felony murder, four believed he was guilty only of felony murder, and two believed he was guilty only of premeditated murder.
During cross-examination, Unklesbay also pointed out several inconsistencies in what Sartin told police, a doctor and jurors.
Sartin admitted he purposely tried to cast more blame on Truesdell early on by making up an attempted kiss and certain dialogue.
Unklesbay also revealed Sartin told police Truesdell was holding the condom package with his left hand and ripping it open with his right — a detail he didn't tell jurors.
Perhaps, Unklesbay speculated, Sartin didn't know when he spoke with detectives that Truesdell's right hand was almost useless as a result of cerebral palsy.
