Jury: Arizona convict eligible for death penalty

Published on NewsOK Modified: November 5, 2013 at 4:15 pm •  Published: November 5, 2013
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Prosecutor Michael Warbel, however, argued McCluskey acted willfully.

"We are talking about what he intended when he pointed that gun at Gary Haas and shot him in the head," Warbel said. "We are talking about what he intended when he pointed that gun at Linda Haas and pulled the trigger twice."

The same jury on Oct. 7 convicted McCluskey of 20 counts of aggravated murder, carjacking and other charges.

McCluskey was serving 15 years for attempted second-degree murder, aggravated assault and discharge of a firearm when he and two other prisoners escaped from a medium-security prison near Kingman, Ariz., in July 2010 with the help of McCluskey's cousin and fiancee, Casslyn Welch.

One inmate quickly was captured after a shootout with authorities in Colorado, while McCluskey, Welch and inmate Tracy Province headed to New Mexico.

Testimony showed the trio was hot and cramped from three days in a small car without air conditioning. They targeted the Haases at a rest stop near the New Mexico-Texas state line for their truck and travel trailer.

Province and Welch pleaded guilty last year to carjacking resulting in death, conspiracy, the use of a firearm during a violent crime, and other charges. They both said McCluskey was the triggerman.

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