Gabriel Facio case: Pinal County Attorney to seek death penalty against suspect in police officer's murder

Gabriel Facio case: PCAO seeks death for suspect

Prosecutors in Pinal County say they will seek the death penalty for a man who allegedly shot and killed an Apache Junction police officer earlier this year. FOX 10's Lauren Clark reports.

APACHE JUNCTION, Ariz. - Pinal County Attorney Brad Miller announced on Aug. 12 that his office intends to seek the death penalty against the suspect involved in the murder of Apache Junction police officer Gabriel Facio.

"People need to take a stand against what is happening with police," said Miller, during a news conference. "People don't respect police officers anymore, and unfortunately, this kind of disrespect is leading to assault, casualties, and murder."

This marks the first time Miller is seeking the death penalty since he was elected.

The backstory:

Officer Facio was shot in the face on June 2 by an alleged road rage suspect. The suspect has since been identified as 37-year-old Roger Nunez, and the shooting reportedly happened after he was pulled over in the area of Ironwood Drive and Elliot Road.

"The male was not complying with our verbal directions. We attempted less lethal ammunition towards him to try to gain compliance. At that time, he brandished his firearm and fired at police officers. They returned fire, striking him as well as one of our officers was struck by his gunfire towards us," Apache Junction Police said in a previous statement.

Gabriel Facio (Courtesy: Apache Junction Police Department)

Officer Facio died days after the incident. He was a three-year veteran with Apache Junction Police.

What they're saying:

Weighing the evidence and the potential for decades of court appeals, Miller defended his decision to seek the death penalty, declaring the move will send a strong message to those who seek to harm law enforcement.

"We want to let the community know that we take this issue seriously, and this decision today should show the community today that we do, in fact, take this issue seriously," said Miller.

PCAO seeks death penalty in Gabriel Facio's murder

During a news conference on Aug. 12, Pinal County Attorney Brad Miller announced that his office will seek the death penalty against the man accused of killing Apache Junction police officer Gabriel Facio back in June.

During the news conference, County Attorney Miller said both he and Apache Junction Police Chief Michael Pooley have spoken with Officer Facio's family. Miller said the family is "in full support" of his office's decision.

Miller also revealed the existence of video evidence in connection with the case.

"There was a civilian on the side of the road that actually took a cell phone and filmed the entire event," said Miller. "That video, once you watch it, you will see likely the reason why I made the decision that I did."

What's next:

It will ultimately be a jury’s decision to impose the death penalty, unless Nunez decides to waive that right, and opts for a judge to decide if he lives or dies.