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Surviving Phoenix serial shooter won’t be charged with 9th victim’s death

(AP File Photo)

PHOENIX – Maricopa County Attorney Bill Montgomery said the recent death of a victim of Phoenix serial shooters would not change the prison term of the remaining convicted man.

“I’ve looked at the original indictment, plea agreement and subsequent jury verdict. We can’t bring any additional charges,” Montgomery said Thursday on KTAR News 92.3 FM’s Arizona’s Morning News.

Paul Patrick, 58, who was shot in 2006, died this week of injuries related to the killings committed by Dale Hausner and Sam Dieteman.

The pair was convicted of murdering eight and wounding many others during their drive-by shooting spree. Hausner was sentenced to death for six killings and died in prison in 2013. Dieteman was sentenced to life in prison in 2009.

The county’s top prosecutor said Dieteman’s plea deal included “truthful and thorough” testifying against Hausner in exchange for dropping charges that involved Patrick’s shooting.

“Dieteman followed through on his part of the agreement, and the state ultimately followed through then on its part of the agreement, (and) dismissed those count,” Montgomery said.

A jury sentenced Dieteman to consecutive terms of natural life in prison for the deaths of two other victims. He also received a life term with the possibility of release after 25 years for conspiracy to commit murder.

“Whenever he gets released for the conspiracy to commit murder term … he still would have to serve a natural life for one of the other two murders and when that term is complete, he’d still have to serve another natural life.”

Mongtomery said the Arizona Legislature would have to change sentencing statutes combined with someone agreeing Dieteman should be released for him to get out of prison.

“As long as I am county attorney, I would advocate against ever doing anything like that,” Montgomery said.

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