Again and again, Tucson police homicide Detectives Jennifer Whitfield and Mike Carroll asked Ruben Archunde the same question:
"Why didn't you just rob Timothy Royce? Why did you have to kill him?"
Again and again, Archunde had no answer.
Last month, Archunde, 22, admitted shooting Royce, a Yellow Cab driver, during a robbery in March 2008 and agreed to have Judge Richard Fields, rather than a jury, decide if he should be sentenced to life in prison or receive the death penalty.
On Monday in Pima County Superior Court, prosecutors began the first phase of the sentencing process, trying to convince Fields that aggravating factors exist that warrant execution. If Fields agrees, defense attorneys will present mitigating evidence, hoping that Fields will spare Archunde's life at his April 5 sentencing.
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Prosecutor Rick Unklesbay told Fields that he will present evidence showing the murder was for pecuniary gain and was "cruel, heinous and depraved." In addition, Archunde was awaiting trial in a burglary case when he shot Royce.
Authorities believe Archunde, Marisela Pacheco and Jessica Gallegos needed money to bail Archunde's brother, who was Pacheco's boyfriend, out of jail.
Royce, 27, was shot once through his seat and once outside the car.
Royce's body was found near his car in an alley near the University of Arizona. The defendants were arrested within a week.
On Tuesday, Unklesbay played a 40-minute interview with Archunde that took place after his arrest. At first, Archunde says he doesn't know what the detectives are talking about.
"You know for a fact I was there?" Archunde asks. "Did you see me there?"
Once confronted with the evidence, Archunde says he shot Royce once by accident. He was reaching for his wallet to pay Royce when the gun went off, Archunde said. Later, Archunde admits Royce was moaning in pain when he shot him again.
When the detectives asked if Royce was trying to flee or if Archunde was trying to put Royce out of his misery, Archunde said "No."
"I don't know why I shot him. I wasn't thinking, like I said," Archunde said.
Defense attorney David Basham told Fields that he doesn't believe the prosecutors will be able to prove their case for the death penalty beyond a reasonable doubt.
On Friday, Royce's mother, sister and fiancée will address the court.
Gallegos, 17 at the time of the crime, pleaded guilty to armed robbery and was sentenced to seven years in prison in April.
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
