Richard Djerf
 |
Richard Djerf | |
|---|---|
 Djerf in a 2017 mugshot. | |
| Born | Richard Kenneth Djerf November 6, 1969 Phoenix, Arizona, U.S. |
| Conviction(s) | First degree murder (4 counts) |
| Criminal penalty | Death |
| Details | |
| Date | September 14, 1993 |
| Location(s) | Arizona |
| Target(s) | Luna family |
| Killed | 4 |
| Weapons | 9mm Beretta pistol[1] Knife Aluminum baseball bat |
Date apprehended | September 18, 1993 |
| Imprisoned at | Florence State Prison |
Richard Kenneth Djerf (born November 6, 1969)[2] is an American mass murderer, currently on death row in Florence, Arizona for the familicide of the Luna family committed on September 14, 1993.
Background
[edit]Before the murders, Djerf had often been described as a loner.[3] Djerf stated that his motive for the murders he would commit were revenge for an alleged home robbery of Djerf's residence committed by Albert Luna Jr., a former friend of his who he met when they were working as night custodians at a Safeway supermarket.[4] In January 1993, Albert Luna Jr. stole several electronic items, among them a cassette player[3] and an AK-47 rifle from Djerf's apartment.[5][6] Luna admitted to the robbery during Djerf's trial.[citation needed] Originally, Djerf contacted police to report the robbery, but decided to commit personal revenge for the home invasion upon being frustrated by police inaction.
Murders
[edit]On September 14, 1993, Djerf showed up at the Luna home with flowers and then forced himself in at gunpoint. Patricia Luna and her son Damien Luna were at home. Holding Damien hostage, Djerf then forced Patricia to load several items owned by the Luna household into his car.[4] He then repeatedly asked Patricia whether she wanted her or Damien to die first, and also questioned her about the whereabouts of Albert Jr. Djerf then secured Mrs. Luna and her son by tying their arms and legs and gagging them. When their daughter Rochelle Luna arrived at around 3:00 PM, Djerf took her to her bedroom, where he gagged her with tissue paper and tape, raped and killed her by stabbing her in the throat. Djerf then returned downstairs and informed Patricia he had murdered her daughter.
When Albert Luna Sr. arrived home at around 4:00 PM, Djerf forced him into his bedroom at gunpoint. Djerf handcuffed Mr. Luna to a bed, smashed his head with a baseball bat, and then removed the handcuffs, believing Albert Sr. to be dead. Djerf then returned to the kitchen with Mrs. Luna and Damien. Mr. Luna regained consciousness and charged Djerf with a pocket knife, wounding him. Djerf stabbed Albert Sr. through the arm before reaching for his Beretta pistol and shooting Albert Sr six times. He then asked Patricia "Do you want to watch your kid die, or do you want your kid to watch you die?", then shot Patricia and Damien in the head at close range.[4]
Before he left, Djerf spread gasoline on the bodies and around the house. He then turned on the stove and left a pizza box and a rag on the burner in an unsuccessful arson attempt. He drove away in the Luna family car, where he met with his girlfriend, claiming he had been robbed and stabbed by two men, going to the hospital for treatment.
Victims
[edit]- Rochelle Lynn Luna, 18
- Albert Beltran Luna, 47
- Patricia (née Valdez) Luna, 42
- Damien Javier Luna, 5
Investigation and arrest
[edit]Albert Luna Jr. didn't arrive home until 11:45 PM the following day, at which point he immediately called police.
Djerf confessed the Luna family murders in detail to his girlfriend on September 15, citing that it was "really awesome" and "you should've been there". In the following days, Djerf bragged about the murders to multiple other friends, eventually leading to a police report and subsequent arrest on September 18, at which point Phoenix police executed search warrants on Djerf's apartment, car, and motel room, finding multiple items stolen from the Luna household, along with the murder weapons.[4]
While being held without bond in confinement, Djerf tried committing suicide by slashing his wrists with a shank forged from electronic parts of a Halloween card he had received.[3]
Legal proceedings
[edit]Djerf admitted to the crimes and pled guilty to four charges of first-degree murder at trial on August 16, 1995 as part of a plea agreement, in exchange for a dismission of all other charges.[4] Djerf later stated he hoped his plea deal would make him less likely to be sentenced to death, despite acting Judge Michael Ryan warning him that the death penalty would've still been a likely possibility.[7] There were four death sentence rulings on May 22, 1996.[4] Djerf scoffed at the multiple death sentences, saying, "They can only kill me once." The judge who sentenced Djerf to death in 1996 said that Djerf had "relished" the time he spent killing the Luna family to get revenge against his friend for burglarizing his apartment.
The Arizona Supreme Court rejected Djerf's appeal, and the U.S. Supreme Court has refused to hear it. The Arizona Supreme Court issued a warrant of execution in February 2002. The U.S. District Court issued a stay one month later.
Djerf continued his appeals to the federal courts. Under Ring v. Arizona the Supreme Court ruled that only a jury, not a judge, could hand down the death penalty. That put Djerf's case on permanent hold until the Supreme Court clarified its ruling in Schriro v. Summerlin. All three far-reaching cases—Ring, Summerlin, and Djerf—are Arizona capital murder cases.
In April 2017, the district court dismissed all of his claims, and Djerf appealed the dismissal. On July 24, 2019, the Ninth Circuit Court of Appeals affirmed the district court's dismissal.[5] As of April 2021, Djerf is one of the 20 Arizona death row inmates who has exhausted all appeals.[8]
Legal significance
[edit]The case is significant for multiple reasons. First, under a rule 11 law Djerf insisted on his right to fire his legal counsel and represent himself. Djerf had to fight for the right to legally represent himself in court so that he could forgo a trial and enter a guilty plea. His case is often cited as a self-representation case where it is not in the client's best interest to represent themselves as long as the person can prove competency.
Aftermath
[edit]A book and documentary are underway about Djerf, his crime, and his time on death row.[citation needed] He is incarcerated at Arizona State Prison Complex – Eyman on death row.
See also
[edit]References
[edit]- ^ https://www.govinfo.gov/content/pkg/USCOURTS-azd-2_02-cv-00358/pdf/USCOURTS-azd-2_02-cv-00358-0.pdf
- ^ "ADC Inmate Datasearch". azcorrections.gov. Archived from the original on October 6, 2008.
- ^ a b c Manson, Pamela (November 2, 1993). "Massacre suspect tries to kill self". The Arizona Republic. p. 20.
- ^ a b c d e f "Brief in opposition" (PDF).
- ^ a b RICHARD DJERF V. CHARLES L. RYAN, 08-99027 (9th Circuit Court July 24, 2019).
- ^ "Man gets revenge by killing ex-friend's family". 27 August 2016.
- ^ Hermann, William (August 25, 1995). "Slaughter blamed on pal's betrayal". Arizona Republic. Phoenix, Arizona. p. 1 – via Newspapers.com.
- ^ Jenkins, Jimmy; Goldstein, Steve (5 March 2021). "Arizona Department Of Corrections Says It Has Lethal Injection Drugs, Ready To Resume Executions". KJZZ Rio Salado College. Retrieved 22 April 2021.
External links
[edit]- Djerf Supreme Court Decision Archived 2008-06-16 at the Wayback Machine
- Pictures of Djerf's artwork