Prosecutors seeking death penalty for man accused of killing East Valley police officer

PHOENIX – Prosecutors said Tuesday they will seek the death penalty against the man accused of killing an East Valley police officer two months ago.

Pinal County Attorney Brad Miller announced the decision to seek the death penalty against suspected shooter Roger Nunez during a livestreamed press conference.

Miller said the family of fallen Apache Junction Police Officer Gabriel Facio supports the decision.

“It was a difficult decision,” Miller said. “But at the same time, it’s the right decision because people who attack a single law enforcement officer attack every law enforcement officer, and that’s something we need to take seriously.”

A jury will ultimately decide Nunez’s fate.

“That’s the decision that I made, … that we need to bring it to the community, to let the community decide whether the murder of a police officer is worth seeking the death penalty,” Miller said. “We believe it is. We believe the jury will find that way, too.”

Facio was 46 years old when he was killed. He was a husband, father and a grandfather and had a daughter who was preparing to get married.

He started his law enforcement career later in life after immigrating to the U.S. from Mexico and going through the process of becoming a citizen.

What led up to prosecutors seeking death penalty?

Nunez is accused of shooting Facio in the face on June 2. Facio died in the hospital on June 8.

Police said Nunez allegedly was driving a vehicle and brandishing a firearm near Ironwood Drive and Ray Avenue when officers contacted him.

He is accused of shooting at officers after refusing to follow their commands, striking Facio.

Nunez was wounded by return fire.

The suspect allegedly used a ghost gun in the shooting.

“One of the factors we look at when examining whether we should seek the death penalty are what we call aggravating factors,” Miller said Tuesday. “And one of those aggravating factors are the death of a police officer while on duty. We want to let the community know that we take this issue seriously, and this decision today should show the community that we in fact do take this seriously.”

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