Judge denies DA’s request for death sentence

By Jeff Pope

Wednesday, July 29, 2009 | 1:14 p.m.

After already receiving one death sentence for murder, Eugene Nunnery was spared a second death sentence today on a separate murder conviction.

District Court Judge Elissa Cadish sentenced the 29-year-old Nunnery to life in prison without the possibility of parole despite an in-person plea from District Attorney David Roger for a second death sentence.

A jury convicted Nunnery of the 2006 murder of Rafael Alfred but was split on whether to sentence him to die.

In death penalty cases in which the jury is undecided, Nevada law allows a judge to sentence a defendant to life in prison but capital punishment can't be imposed.

Roger, who did not argue the case, said Nunnery has killed three people, fired a gun at 11 others and does not deserve “a pass.”

“Mercy is not appropriate in this case,” he said. “This is a three-time killer with no remorse.”

Cadish said pursuing the death penalty was appropriate in this case but as a judge, she would follow the law and not make a “political statement.”

Nunnery, in handcuffs, did not speak at the sentencing but was smiling as he talked with his attorney as he was leaving the courtroom.

Nunnery was arrested and charged in a series of robberies and three murders during a four-week period in the summer of 2006.

He was convicted last year in the death of Saul Nunez in a robbery that netted $3. Authorities said Nunnery killed Alfred because of a bad drug deal between the two men.

Nunnery is also accused of killing Antonio Perez Martinez in a robbery attempt and is scheduled to stand trial in April 2010. He also faces the death penalty in that case.