Market killer’s appeal rejected

Thursday, March 14, 2002 | 9:02 a.m.

CARSON CITY -- The Nevada Supreme Court Wednesday upheld Zane Floyd's four first-degree murder convictions and death sentence.

The court rejected claims that several errors were made at the trial and penalty hearing for the Las Vegas man convicted of killing four employees at an Albertson's supermarket.

After his conviction Floyd told the jury he took responsibility for his actions and was sorry about the shotgun killing of the four and the wounding of another person in June 1999.

The Supreme Court responded to challenges by Floyd's attorneys:

But the court said Floyd failed to present any evidence in the appeal that the jurors were biased.

The court said Floyd was informed of his rights to an attorney and to remain silent before he made other statements, in which he said he remembered shooting only the first and last victims.

Chief Justice Bill Maupin and Justice Deborah Agosti wrote a concurring opinion that said there was no misconduct by the prosecutor on the "massacre" statement.

"It is true that no facts on the record technically demonstrated that the killings in this case constituted, 'the worst massacre in the history of Las Vegas,' " Maupin wrote. "However, whether the killing spree perpetrated by the appellant was or was not the worst 'massacre' is of little moment.

"What appellant did was a 'massacre' by any definition of the word." The court also rejected the argument the death penalty was excessive. It said these were "multiple, brutal, unprovoked murders."

The victims were Thomas Darnell, Chuck Leos, Dennis Sargent and Luci Tarantino. Court documents said Tarantino pleaded for her life before Floyd shot her.

In another case, the court upheld the second-degree murder conviction of Anthony Burriola in the fatal stabbing of John "Chip" Martinez in Las Vegas during a fight.