"Hurry up and go back to Mexico or you're gonna die."

[one...two...tree 2,762]

by Michael Kiefer and Michael Ferraresi -

The Arizona Republic

The Maricopa County Attorney's Office has alleged that the May 6 fatal shooting of a Mexican-American man in south Phoenix by a neighbor shouting racial epithets was a hate crime.

The allegation was filed June 9 as one of six aggravating factors that the office raised in the case of Gary Thomas Kelley. Aggravating factors allow judges to enhance prison sentences in the event of a conviction.

Kelley, 50, is charged with second-degree murder in the killing of Juan Varela, 44. He also is accused of menacing Varela's brother Antonio with a gun.

According to initial police reports, Kelley shouted, "Hurry up and go back to Mexico or you're gonna die." Varela, in fact, was a third-generation, native-born U.S. citizen.

Maricopa County Attorney Rick Romley said Thursday that the decision to add hate crime as an aggravating factor came when those statements were corroborated.

"Aggravating factors" are allegations that allow a judge to impose a harsher sentence once a defendant is convicted.

Second-degree murder carries a presumptive or average sentence of 16 years in prison. If prosecutors can prove the aggravating factors, a judge would be able to impose a sentence as long as 22 years.

The County Attorney's Office also listed as possible aggravators that the offense involved the use of a gun; that it caused physical, emotional or financial harm to the victim's family; that there were multiple victims; and that the defendant left the scene of the crime and did not seek help for the victims.

Police, however, in May hesitated to characterize the shooting as a hate crime, much to the dismay of the Varela family.

The family claimed Phoenix Public Safety Manager Jack Harris visited their home the day of the tragedy to encourage them not to raise questions about a potentially anti-Hispanic slaying as the Valley faced protests and boycotts over SB 1070, the new state immigration law.

Phoenix police declined to comment Thursday, deferring to the County Attorney's Office. Department spokesmen said Harris never went to personally meet the Varela family.

Investigators say that Varela was watering a tree in his front yard when Kelley confronted him, pointed a snub-nosed revolver at his face, and fatally wounded him with a single shot to the neck.

Kelley, an unemployed golf-cart repairman and greens supervisor, lived in the Varelas' neighborhood for eight years.

Police initially characterized the shooting as the result of a drunken or long-standing dispute between neighbors. Detectives said they arrested Kelley with a beer in his hand in the neighborhood near Southern and Seventh avenues.

Read more: http://www.azcentral...l#ixzz0rDjlREW7

[HappyKnappy 30]

by Michael Kiefer and Michael Ferraresi -

The Arizona Republic

The Maricopa County Attorney's Office has alleged that the May 6 fatal shooting of a Mexican-American man in south Phoenix by a neighbor shouting racial epithets was a hate crime.

The allegation was filed June 9 as one of six aggravating factors that the office raised in the case of Gary Thomas Kelley. Aggravating factors allow judges to enhance prison sentences in the event of a conviction.

Kelley, 50, is charged with second-degree murder in the killing of Juan Varela, 44. He also is accused of menacing Varela's brother Antonio with a gun.

According to initial police reports, Kelley shouted, "Hurry up and go back to Mexico or you're gonna die." Varela, in fact, was a third-generation, native-born U.S. citizen.

Maricopa County Attorney Rick Romley said Thursday that the decision to add hate crime as an aggravating factor came when those statements were corroborated.

"Aggravating factors" are allegations that allow a judge to impose a harsher sentence once a defendant is convicted.

Second-degree murder carries a presumptive or average sentence of 16 years in prison. If prosecutors can prove the aggravating factors, a judge would be able to impose a sentence as long as 22 years.

The County Attorney's Office also listed as possible aggravators that the offense involved the use of a gun; that it caused physical, emotional or financial harm to the victim's family; that there were multiple victims; and that the defendant left the scene of the crime and did not seek help for the victims.

Police, however, in May hesitated to characterize the shooting as a hate crime, much to the dismay of the Varela family.

The family claimed Phoenix Public Safety Manager Jack Harris visited their home the day of the tragedy to encourage them not to raise questions about a potentially anti-Hispanic slaying as the Valley faced protests and boycotts over SB 1070, the new state immigration law.

Phoenix police declined to comment Thursday, deferring to the County Attorney's Office. Department spokesmen said Harris never went to personally meet the Varela family.

Investigators say that Varela was watering a tree in his front yard when Kelley confronted him, pointed a snub-nosed revolver at his face, and fatally wounded him with a single shot to the neck.

Kelley, an unemployed golf-cart repairman and greens supervisor, lived in the Varelas' neighborhood for eight years.

Police initially characterized the shooting as the result of a drunken or long-standing dispute between neighbors. Detectives said they arrested Kelley with a beer in his hand in the neighborhood near Southern and Seventh avenues.

Read more: http://www.azcentral...l#ixzz0rDjlREW7

What an idiot, at least verify who you are killing before playing the hero... Again, give a gun to a primate, watch the bodies drop.

[Obama 2012 1,714]

What an idiot, at least verify who you are killing before playing the hero... Again, give a gun to a primate, watch the bodies drop.

Alcohol + Guns don't exactly mix.

[alienlovechild 75]

Investigators say that Varela was watering a tree in his front yard when Kelley confronted him, pointed a snub-nosed revolver at his face, and fatally wounded him with a single shot to the neck.

Kelley, an unemployed golf-cart repairman and greens supervisor, lived in the Varelas' neighborhood for eight years.

Police initially characterized the shooting as the result of a drunken or long-standing dispute between neighbors. Detectives said they arrested Kelley with a beer in his hand in the neighborhood near Southern and Seventh avenues.

Instant idiot just add beer.

What kind of jerk kills a neighbor who's lived in the same neighborhood for 8 years and shoots him while he's watering a tree?

[Nik+Heather 121]

Police initially characterized the shooting as the result of a drunken or long-standing dispute between neighbors. Detectives said they arrested Kelley with a beer in his hand in the neighborhood near Southern and Seventh avenues.

I was wondering if something like this wouldn't come out in the end.

But maybe the long standing dispute was about the shooter thinking he was illegal anyway...?

[Nagishkaw 510]

Instant idiot just add beer.

What kind of jerk kills a neighbor who's lived in the same neighborhood for 8 years and shoots him while he's watering a tree?

A smarmy @ssclown piece of garbage ?

[IndigoSkies 168]

What an idiot, at least verify who you are killing before playing the hero... Again, give a gun to a primate, watch the bodies drop.

As far as I know no gorrilas has killed a human being, especially with a gun. King Kong doesn't count. Don't offend all the primates, please.

[HappyKnappy 30]

As far as I know no gorrilas has killed a human being, especially with a gun. King Kong doesn't count. Don't offend all the primates, please.

True... Please accept my apologies.