A man convicted of first-degree murder — in the slaying of a Tucson woman who was burned alive — was spared the death penalty Tuesday.
Pima County Superior Court Judge John Davis sentenced Jesus Rafael Muro-Monge, 21, to life in prison without the possibility of parole for his part in the death of Patricia "Patsy" Rubalcaba, 27.
The judge also sentenced Muro-Monge to 25.5 extra years for kidnapping and aggravated assault.
As at past hearings, some members of Rubalcaba's family did not contain their emotions.
When Davis began to tell Rubalcaba's father, Daniel, how heavy the decision has been weighing on him since Muro-Monge's February conviction, Rubalcaba's brother, Michael, jumped up and loudly disagreed.
Over the next few minutes, Davis patiently tried to calm Michael Rubalcaba down, along with other family members who were displeased Muro-Monge wasn't given the death penalty.
People are also reading…
"Time means nothing," Michael Rubalcaba said in disgust at one point.
At another, Michael Rubalcaba said, "If I had been here, we would've gotten him that day," referring to a previous incident in the courtroom.
Last month, another of Rubalcaba's brothers, Danny Rubalcaba, and a cousin, Arturo Romero, rushed past deputies in an attempt to attack Muro-Monge and had to be physically removed from the courtroom.
Two attorneys were slightly injured during the melee, along with a court security officer.
During Tuesday's hearing, there were nearly a dozen uniformed and plainclothes officers on hand to monitor the proceedings and to escort the parties out of the courthouse.
Prosecutors say Muro-Monge and Antonio Carrillo, 24, met Patricia Rubalcaba on the night of Oct. 2, 2004, when she and two friends asked for their help with a disabled vehicle. The men agreed to jump-start the car in exchange for two 30-packs of beer but became angry when the trio reneged on the deal and slashed the tires on their car.
Rubalcaba and her friends fled, but Carrillo and Muro- Monge later found Rubalcaba and forced her into their vehicle.
At one point, Rubalcaba escaped and threw herself through a closed second-story apartment window to get help, but the apartment dwellers handed her back over to Carrillo.
Carrillo dragged Rubalcaba down the stairs and both men then threw her back into their vehicle.
The men raped Rubalcaba before taking her out into the desert, where prosecutors say Muro-Monge repeatedly stabbed her.
The men returned to the scene after buying some gas and prosecutors say Muro-Monge doused Rubalcaba with the gas and lit her on fire. An autopsy showed Rubalcaba was still alive at the time.
Carrillo and Muro-Monge were tied to the slaying after Muro-Monge's fingerprint was found at the scene.
Deputy Pima County Attorneys Rick Unklesbay and Teresa Godoy offered Carrillo a plea agreement after they realized Carrillo's mental retardation made him ineligible for the death penalty. In exchange for testifying against Muro-Monge, prosecutors guaranteed him a 22-year prison sentence for second-degree murder.
Carrillo testified against Muro-Monge, who was convicted Feb. 14 of first-degree murder.
Muro-Monge's attorneys, Sean Bruner and Natalie Prince, have always contended Carrillo was the one who actually stabbed and burned Rubalcaba.
They told Davis they think jurors agreed because 11 of the 12 jurors found him guilty of only felony murder. The 12th found him guilty of felony murder and premeditated murder.
Davis said he would have had to believe everything Carrillo said in order to sentence Muro-Monge to death and he did not. He also pointed out that law does not allow people to be put to death if they are simply accomplices.
Muro-Monge's age and low IQ also weighed heavily into his decision, Davis said.
Bruner had pointed out the U.S. Supreme Court doesn't allow states to execute people who are under the age of 18 or mentally retarded. Muro-Monge wasn't quite 18 years and 6 months old when Rubalcaba died and his IQ is just slightly above mentally retarded.
Before Michael Rubalcaba interrupted him, Davis spent many minutes telling the Rubalcaba family that his decision does not mean he doesn't think Rubalcaba's death was horrific.
"I've been in the criminal justice system since 1975 and I've seen many horrible things, but I've never seen a case more horrible than this one," Davis said.
The judge also stressed he doesn't blame the prosecutors for offering Carrillo a plea agreement, noting they needed his testimony to convict Muro-Monge.
Unklesbay had argued Muro-Monge deserved the death penalty not only because of the physical agony Rubalcaba went through, but because of the psychological torture she must have experienced not knowing her fate.
Everyone agrees the death penalty should be reserved for the "worst of the worst, Unklesbay said at a hearing last week, adding that Rubalcaba's death certainly qualifies as "one of the most gruesome murders anyone can encounter."
