“At 8:50 a.m., a Tucson Police officer saw Defendant driving in a suspicious manner near the shop. The officer slowed her patrol car and made eye contact with Defendant as he left his truck and entered the shop. Eugene was on the telephone in an area where three other employees were working. Defendant waited for Eugene to hang up, drew a revolver, and approached to within four feet of him. The other employees shouted for Defendant to put the gun away. Without saying a word, Defendant fatally shot Eugene once in the chest and then smiled. When the police officer saw this from her patrol car she immediately called for more officers. Defendant left the shop, but quickly returned and again pointed his revolver at the now supine Eugene. Donald Dietz, an employee and Eugene’s seventy-year-old brother, struggled with Defendant, who then ran to the area where Debra had been working.
Debra had apparently heard an employee shout that her father had been shot and was trying to telephone for help when Defendant grabbed her around the neck from behind and placed his revolver directly against her chest. Debra struggled and screamed, “No, Joe, don’t!” Another employee heard Defendant say, “I told you I was going to do it, I have to kill you.” Defendant then called Debra a “bitch” and shot her twice in the chest...
...Although he did not testify, Defendant did not dispute his role in the killings but argued he had acted impulsively and without premeditation...
...This court has “long held that where the existence of premeditation is in issue, evidence of previous quarrels or difficulties between the accused and the victim is admissible.” Jeffers, 135 Ariz. at 418, 661 P.2d at 1119 (citing Leonard v. State, 17 Ariz. 293, 151 P. 947 (1915)). Such evidence “tends to show the malice, motive or premeditation of the accused.” Id. at 418, 661 P.2d at 1119 (emphasis added). In some cases, of course, such evidence may also show lack of premeditation. In either event, it is relevant. Defendant’s abuse of Debra falls squarely within this rule and, under the facts of this case, tends to show both motive and premeditation...”
http://leagle.com/decision/1994233180Ariz53_1222.xml/STATE%20v.%20WOOD
Egad! There was a police officer ON THE SCENE, who WITNESSED the crime, and this guy was able to kill two people???????? Fire that officer, she’s obviously worthless.