Prosecutors can’t seek execution in case against immigrant

PHOENIX — Prosecutors can no longer seek the death penalty against a Mexican immigrant charged with murder in the 2015 shooting death of a convenience store clerk in a Phoenix suburb because the accused is intellectually disabled, a judge has ruled.

The ruling this past week means Apolinar Altamirano will face life in prison if he’s convicted of first-degree murder in the killing of 21-yearold clerk Grant Ronnebeck at the store in Mesa.

The case against Altamirano has been cited by President Donald Trump, who has railed against crimes committed against American citizens by immigrants who are in the United States illegally.

It’s unclear whether prosecutors will appeal the ruling.

“We are reviewing the analysis and the record to assess next steps,” according to a statement from the Maricopa County Attorney’s Office, which is prosecuting Altamirano.

Altamirano is a citizen of Mexico who has lived in the United States without authorization for about 20 years. He was deported and then returned to the United States.

He is accused of fatally shooting Ronnebeck after the store clerk insisted that Altamirano pay for a pack of cigarettes.

Authorities say Altamirano stepped over Ronnebeck to get several packs of cigarettes before leaving the store.

He led officers on a high-speed chase before his arrest. A handgun and an unopened pack of cigarettes were later found in his vehicle, police said.

Altamirano has already been sentenced to six years in prison for his earlier guilty pleas in the case to misconduct involving weapons.

He still faces murder, robbery and other charges in Ronnebeck’s death. He has pleaded not guilty to the remaining charges. His trial is scheduled for Aug. 1.

Judge Michael Kemp concluded Altamirano, 34, has subaverage intellectual functioning, explaining he had completed only the fifth grade and needed special education courses, but none were offered where he lived in rural Mexico before moving to the United States.

The U.S. Supreme Court in 2002 barred the execution of intellectually disabled people.