To continue viewing content on tucson. Current Subscriber? Log in. Activate now. Subscribe now. Daniel Renteria, who was convicted of negligent homicide after going to trial four times, was denied a new trial Monday.
Renteria, 29, was convicted of negligent homicide in last year's death of Richard Rue Jr. Renteria told jurors he believed Marschinke raped his 3-year-old son and claimed Rue threatened to kill him. Following his conviction in August, Wrae filed a motion for a new trial alleging juror and prosecutorial misconduct.
Wrae complained that during opening statement and closing argument, Deputy Pima County Attorney Mark Diebolt repeatedly told jurors Rue and Marschinke had constitutional rights, society can't tolerate vigilante justice and Renteria didn't think the law applied to him. The defense attorney also attached to her motion affidavits from two jurors who said the jury foreman, who happens to be a UA law school librarian, discussed how much time Renteria would serve if convicted — even though jurors are told multiple times they are not to discuss punishment during deliberations.
Fields refused to consider the affidavits, citing rules that say judges are not to delve too deeply into why jurors make the decisions they do. Manage account e-Newspaper Logout. Tucson man imprisoned for killing gets more time for drug deal. Share this. On the day of the slayings, Renteria said he went to tell the men to leave his family alone.
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Mori watched the first three trials and published for Examiner. The fourth jury empowered with deciding the fate of year-old Daniel Renteria returned a guilty verdict for the death of only one of two men he confessed to killing in the middle of the day March The jury acquitted Renteria in the shooting death of James Marschinke, 49, whom he suspected of molesting his son.
They convicted on 1 count of negligent homicide for killing Richard Rue jr, 41, who was with Marschinke the day they died. Pima County refused to drop charges after three previous juries could not decide to convict or let him go. Renteria was held in custody until March of this year but released after his attorney, Natasha Wrae argued keeping him in custody in this situation infringed his Constitutional rights.
The court did not allow the recent arrest to be discussed in the trial, which was prosecuted by Chief Criminal Deputy County Attorney Mark Diebolt instead of Casey McGinley who represented the state the first three times.
Judge Richard S. Fields presided over the third and fourth trials as well as several plea hearings. The trials have been extremely emotional for the families of the defendant and at least one of the victims. The men were killed in the front yard of Richard Rue Sr. Though several said they wished Daniel had called police, they did not blame him for taking matters into his own hands. Renteria was estranged from his wife, Ashley Clarke, and living in their home at the time of the shooting.
Three juries refused to convict or acquit Daniel, a father and husband, even though he confessed to the crime and was convicted of burning the vehicle drove away from the crime scene. He was tried for a fourth time in August and convicted in the death of one of the men. Jurors repeatedly refused to return guilty verdicts of manslaughter or negligent homicide without reviewing the forensic evidence of molestation. Two different judges in the span of four separate trials barred the evidence of molestation as irrelevant, despite arguments by his attorney.
Four times witnesses — neighbors, family, coworkers, and police — sat before jurors and described the shootings, the days prior, and Daniel, whom they portrayed as nothing but a devoted father and family man who would stop at nothing to protect his son.
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