Pinal County Attorney Brad Miller said on 12 August that his office has filed a notice of intent to pursue the death penalty against Roger Nunez, the man accused of murdering Apache Junction Police Officer Gabriel Facio. The announcement came during a news conference in Florence, Arizona, after what Miller described as a review of evidence, statutory aggravating factors and consultations with Facio’s family. Investigators say Nunez, 37, was pulled over on 2 June after allegedly brandishing a handgun during a road-rage incident. Body-camera and civilian video reportedly show him retrieving a weapon from his vehicle, walking away and firing four rounds, one of which struck Facio in the face. Both men were hospitalised; Facio, 25, died on 8 June, becoming the first Arizona police officer killed in the line of duty this year. Nunez faces first-degree murder and other felony counts. Under Arizona law, killing a peace officer while performing official duties is an aggravating circumstance that makes a defendant eligible for capital punishment. A preliminary hearing is set for 15 September in Pinal County Superior Court, after which a trial date will be scheduled.
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