Jury to decide penalty for convicted killer

Kim Smith

Tuesday, Jan. 29, 2002 | 9:30 a.m.

Jurors were expected to begin hearing evidence this afternoon that will help them decide if the man they convicted Monday in a brutal slaying deserves a chance at walking out of prison one day.

Robert Whitesell, 33, was convicted of first-degree murder, robbery, burglary and possession of stolen property in connection with the January 2001 death of 67-year-old Tiffany Averill.

Prosecutors believe Averill was slain after she allowed an acquaintance, Troy Schnabl, into her home last January along with Whitesell and Ernest Valezquez.

Afterward, the three men ransacked the place, stealing an unopened bottle of Jack Daniel's whiskey, several guns and a fake bomb.

The men were arrested when the fake bomb was found at a homeless shelter in March, and Averill's husband, former constable Herbert "Russ" Averill, recognized its description.

Although the jury found Whitesell guilty of four crimes, jurors will be asked to give a sentence only on the murder charge.

They must decide if Whitesell should be given a life prison sentence with parole possible after 40 years, a no-parole life sentence or a prison term of 50 to 100 years.

District Judge Sally Loehrer will sentence Whitesell on the remaining counts at a later date.

Schnabl was convicted of first-degree murder and robbery Jan. 22. He faces 20 years to life on the murder charge and a two- to 15-year sentence for the robbery. Valezquez entered a plea agreement in July and was sentenced to four to 10 years.