Fight to avoid death begins

Kim Smith

Friday, July 14, 2000 | 11:16 a.m.

Now that Zane Floyd has been convicted of four murders, his attorneys are turning toward what they acknowledge will be the hardest part of his trial: saving his life.

A Clark County jury Thursday found Floyd, a 24-year-old former Marine, guilty on all counts stemming from the June 3, 1999, shooting spree at a local grocery store that left four dead and one seriously wounded. He also was convicted of multiple sexual assault and kidnapping charges involving an outcall service employee an hour before the shooting rampage.

The jury returned its verdict in less than three hours.

"Elated" and "sad" were the words that Diane Sargent, mother of victim Dennis Sargent, used to describe her feelings about the verdict.

"I just knew it would be guilty, and even the defense attorneys said it would be, but hearing it is another thing," Sargent said.

The trial's penalty phase is scheduled to begin Monday before District Judge Jeffrey Sobel. Prosecutors are seeking the death penalty, while Public Defenders Curtis Brown and Doug Hedger, who have never denied Floyd's guilt, will be arguing for a life sentence.

The defense attorneys didn't put any witnesses on the stand during Floyd's three-day trial, telling the jury from the beginning that they were going to focus on the penalty phase.

Among witnesses expected to testify next week are Floyd, his parents and psychiatric experts, who will tell jurors Floyd suffers from a mental impairment.

During his closing argument Thursday, Hedger reminded jurors they don't dispute Floyd's guilt. He pointed out several instances in which Floyd appeared confused or "out of it" in his statements to police or Tracie Carter, the outcall service employee.

Hedger also noted that Floyd drank heavily the night before and likely had a blood alcohol level of 0.14 at the time of the rampage. In Nevada the legal limit is 0.10.

District Attorney Stewart Bell said the alcohol had nothing to do with Floyd's actions.

"He knew exactly what he was doing when he raped Tracie Carter, and he knew exactly what he was doing and the consequences of shooting everyone he could at Albertson's," Bell said.

Bell then spent 15 minutes outlining each of those reasons. He said Floyd took several steps to ensure he wasn't caught harming Carter -- including not shooting her -- because he wanted to make sure he could carry off his spree.

Floyd told Carter he was going to kill 18 people and himself; he told her to watch the TV news, and he expressed concern for his parents, Bell said. He also put a robe over his shotgun so that no one would stop him as he walked to the store.

"Drunken stupor or someone who knows exactly what they are doing?" Bell said.

Floyd knew the only place nearby that would likely have 18 people at 5 a.m. would be the supermarket at Valley View Boulevard and Sahara Avenue, and he headed straight for it. He was also able to run, shoot and re-load his gun at least twice during the rampage.

"He's a darn good shot for a drunk," Bell said.

Bell said the state had proven its case "far beyond" a reasonable doubt.

"The bottom line is, ladies and gentlemen, that Zane Floyd knowingly, intentionally and premeditatedly committed the worst massacre in the history of Las Vegas," Bell said.

The last things jurors heard before closing arguments were the two taped statements Floyd gave to police. The first was taped while he sat in a patrol car at the scene within 30 minutes of the first shot, and the second was 90 minutes after his arrest.

In the first recording Floyd spoke in an almost-childlike manner, constantly starting and re-starting his sentences, rambling, jumping from topic to topic, and obsessing on some topics and not others.

Among topics he rambled on about were his guns and his shooting of Lucy Tarantino, 60. Tarantino, who was shot in the head, was the final victim.

At one point, Floyd was obviously distraught and confused by his actions, and seconds later he was talking about how "sweet" the officer's assault rifle was.

Others killed were Sargent, 31; Chuck Leos, 41; and Thomas Darnell, 40. A fifth victim, Zachary Emenegger, 21, survived by playing dead.

During one of the few times Floyd expressed emotion during the trial, he put his head in his hands when he was heard referring to his family during the first recording.

"It's gonna ... it's gonna ... it's gonna ... it's gonna embarrass my family," Floyd said.

Floyd covered his face again, when on the second recording it become obvious the police were worried that his parents were dead. Floyd tells them, "They've never been better."

Although he repeats much the same story to Detective Paul Bigham on the second recording, it's a different Floyd. He sounded much less emotional, he's calm and articulate.

Floyd repeatedly told Bigham he didn't know why he did what he did. But he said that the "main focal point" of his life for five years had been guns, and he always thought about killing people.

"I've never considered myself psychotic, but what I did tonight ..." Floyd told the detective.

"I've always wanted to know, call me crazy, psychotic, whatever, I've just always wanted to know what it's like to shoot someone ... ever since I was a little kid, I've always, you know, ever since I saw my first, my first war movies, I've always just wanted to go to war and kill people," Floyd said.

Floyd said he remembered taking every step to the store and thinking about all the things wrong with his life. He said he was shortchanged on a paycheck, lost his money gambling, his girlfriend of three weeks was mad at him and he had just moved back in with his parents.

"But, I caused 'em. I just, I, I don't wanna make excuses," Floyd said.

After it was over, Floyd said he just couldn't bring himself to commit suicide. He said he also respected the police too much to point his gun at them to force them to kill him.

He had always wanted to be a police officer, but then "methamphetamine got the best of me," Floyd said.

"What I did this morning is against everything that a police officer stands for," Floyd said on the recording.