Deputy County Attorney Rick Unklesbay told Leonardo that the Homicide Panel in his office has reviewed all the pros and cons of continuing to seek the death penalty for Brisenias murder, and with the full understanding and support of victim and mother Gina Gonzalez, the prosecution was taking the death penalty off the table.
Sentencing is set for August 15 at 10:30 in Judge Leonardos courtroom on the two counts of first degree murder and the six other counts in which he and his cohorts were convicted. For the murder of Raul Flores, he could face natural life in prison, or life in prison with the possibility of parole after 25 calendar years. For the murder of Brisenia, natural life or, life in prison with the possibility of parole after 35 years, because of her age.
Co Defendents Shawna Forde and Jason Bush were sentenced to death plus and additional 65 and 75 years for the related charges.
So, Gaxiola escapes the death penalty or does he? Bush and Forde will live out the next 20 to 25 years on Arizona’s death row while their appeals slowly wind their way through the Federal courts. Gaxiola, on the other hand, will spend his life in general population of the Arizona penal system, looking over his back constantly. Child murderers are right down there with child molesters in prison society. So perhaps, his fellow prisoners will give Brisenia Flores and her father, mother and sister, the justice denied them by the jury.