State of Arizona v. James Erin McKinney
State of Arizona v. James Erin McKinney
Opinion
¶ 1 We previously affirmed James Erin McKinney's two death sentences on independent review.
State v. McKinney
(
McKinney I
),
I.
¶ 2 In March 1991, McKinney and his half-brother, Charles Michael Hedlund, burglarized the home of Christine Mertens.
McKinney I
,
¶ 3 During the sentencing phase, the trial court found several aggravating and mitigating circumstances.
See
infra
¶¶ 7-9, 15-16. After determining that the mitigating circumstances were not sufficiently substantial to call for leniency, the court sentenced McKinney to death for both murders.
McKinney I
,
¶ 4 We affirmed McKinney's convictions and sentences upon independent review.
¶ 5 Following the Ninth Circuit's reversal in
McKinney V
, the State requested this Court to conduct a new independent review. McKinney opposed that motion, arguing that in light of
Ring v. Arizona
,
II.
¶ 6 In conducting our independent review in pre-
Ring
cases like this, we examine "the trial court's findings of aggravation and mitigation and the propriety of the death sentence," and determine whether the defendant's proffered mitigation "is sufficiently substantial to warrant leniency in light of the existing aggravation." A.R.S. § 13-755(A) ;
see
Styers
,
A.
¶ 7 There is no reasonable doubt as to the aggravating circumstances found by the trial court regarding Mertens' murder. Specifically, McKinney (1) committed the murder with the expectation of pecuniary gain pursuant to former A.R.S. § 13-703(F)(5) (now § 13-751(F)(5) ), 1 and (2) he killed Mertens in an especially heinous, cruel or depraved manner, pursuant to § 13-751(F)(6).
¶ 8 McKinney proved several mitigating circumstances. The record shows that he endured a horrific childhood. At the sentencing hearing, McKinney's sister and aunt testified that McKinney was verbally and physically abused by his stepmother. McKinney also experienced severe neglect. His stepmother frequently deprived him of food, forced him to live in filthy conditions and wear soiled clothes, and regularly locked him out of the home in extreme temperatures.
See
McKinney V
,
¶ 9 McKinney also suffered from Post-Traumatic Stress Disorder ("PTSD") at the time of the murders. Dr. Mickey McMahon, a clinical psychologist, evaluated McKinney and testified that McKinney's PTSD was caused by the abuse and trauma he experienced as a child.
¶ 10 Given the aggravating circumstances in this case, we conclude that McKinney's mitigating evidence is not sufficiently substantial to warrant leniency. In weighing McKinney's mitigation evidence, we take into account the fact that it bears little or no relation to his behavior during Mertens' murder. For example, Dr. McMahon testified that due to the PTSD, he believed that McKinney would "rather withdraw from [a] situation" in which he might encounter violence, and that his evaluation of McKinney "did not indicate that he was [a] thrill-seeking kind of person" who would murder someone in cold blood. However, McKinney's actions during the Mertens murder were planned and deliberate. Specifically, McKinney entered Mertens' home armed with a gun and knowing she was inside (because her car was parked outside). Additionally, after invading Mertens' home, he intentionally beat, stabbed, and shot her.
¶ 11 We accord McKinney's remaining mitigation minimal weight. For example, he argues that his age (twenty-three) at the time of the murders is a mitigator warranting leniency. In deciding how heavily to weigh a defendant's age in mitigation, we consider the "defendant's level of intelligence, maturity, involvement in the crime, and past experience."
State v. Jackson
,
¶ 12 Here, McKinney was the leader in planning and executing the burglaries and expressed a willingness to kill to make them successful. We therefore give little weight to McKinney's age.
See
State v. Garza
,
¶ 13 McKinney also argued at sentencing that residual doubt as to his guilt calls for leniency. However, this Court has previously stated that "[o]nce a person is found guilty beyond a reasonable doubt, claims of innocence or residual doubt do not constitute mitigation for sentencing purposes."
State v. Moore
,
¶ 14 In contrast to the proffered mitigation, the (F)(5) aggravator weighs heavily in favor of a death sentence. We agree with the conclusion reached in McKinney I :
In comparison to the mitigating circumstances here, the quality of the [pecuniary gain] aggravating circumstance is great.... [T]his is not the case of a convenience store robbery gone bad but, rather, one in which pecuniary gain was the catalyst for the entire chain of events leading to the murders. The possibility of murder was discussed and recognized as being a fully acceptable contingency.
¶ 15 Additionally, the (F)(6) aggravator is entitled to great weight. The evidence shows that Mertens struggled to stay alive while McKinney stabbed and beat her.
See
State v. Jones
,
B.
¶ 16 There is also no reasonable doubt as to the following aggravating circumstances found by the trial court regarding McClain's murder: (1) McKinney was convicted of another offense (first degree murder of Mertens) for which a sentence of life imprisonment or death was imposable under Arizona law, under § 13-751(F)(1); and (2) he committed the murder with the expectation of pecuniary gain pursuant to A.R.S. § 13-751(F)(5).
¶ 17 McKinney proffered the same mitigation for both the McClain and Mertens murders. For the reasons discussed above, we place minimal weight on McKinney's mitigation. See supra ¶¶10-12. As part of this weighing, we simply note again that there is little or no connection between McKinney's mitigation and his behavior during the murder. For example, Dr. McMahon opined that burglarizing a home and shooting a sleeping man would be "the exact opposite" of what he would expect McKinney to do when affected by his PTSD.
¶ 18 In contrast, the aggravators for the McClain murder are particularly weighty.
See
McKinney V
,
CONCLUSION
¶ 19 For the reasons discussed above, we affirm McKinney's death sentences.
A.R.S. § 13-703, the effective statute at the time of McKinney's crimes and first appeal, was renumbered as § 13-751 in 2008. We refer to the current version of the statute.
Reference
- Full Case Name
- STATE of Arizona, Appellee, v. James Erin MCKINNEY, Appellant.
- Cited By
- 7 cases
- Status
- Published