Andrew Thomas Cuts a Plea Deal with a Neo-Nazi, County Democrats Reorganize, and a Phony UPS Guy Delivers Redflex Ticket

PASTOR'S SON

Sympathy for a racist skinhead? Has The Bird gone bonkers? Maybe. But as this avian considers the curious case of Patrick Bearup — on death row for nearly two years in the brutal slaying of 40-year-old Mark Mathes — it can't help but think Bearup's getting a raw deal.

While Bearup awaits execution, the culprit accused of actually shooting Mathes to death has been offered a plea deal from Andrew Thomas' office that will spare him capital punishment and, hypothetically, could give him the opportunity to get out of prison eventually. Here's how it got to this point:

Does Patrick Bearup belong on death row while his co-defendant Sean Gaines cops a plea deal? The Bird doesn't think so.
Arizona Department of Corrections
Does Patrick Bearup belong on death row while his co-defendant Sean Gaines cops a plea deal? The Bird doesn't think so.

Patrick Bearup, son of Joe Arpaio henchman-turned-rival Tom Bearup, was convicted in early 2007 of first-degree murder and sentenced to death. He was one of four neo-Nazi skinheads who participated in the 2002 kidnap, torture, and shooting of Mathes, whose body was abandoned to the elements near an area north of Phoenix called, a little too appropriately, Swastika Mine.

Patrick's cohorts in crime included neo-Nazi thug Sean Gaines, newbie skin Jeremy Johnson, and white trash den mom Jessica Nelson. According to the prosecution, the four ambushed Mathes in retaliation for Mathes' stealing money from tweaker chick Nelson. The original criminal complaint describes Johnson beating down Mathes with a baseball bat, Nelson assaulting him with her fist, Patrick Bearup cutting off Mathes' finger to obtain a cheap $100 ring, and Gaines blowing Mathes away with a shotgun.

Both Nelson and Johnson copped plea deals, and each is doing 14 years for second-degree murder. Patrick Bearup went to trial and drew a date with the lethal injection machine. Later in 2007, he was sentenced for the kidnapping count, which would seem superfluous, were it not for the fact that Judge Warren Granville took the opportunity to dress down the County Attorney's Office for the way the capital case was handled.

In a searing minute entry, Granville noted that Thomas' office "made unilateral decisions to plead out" Johnson and Nelson, even though Johnson "had batted the victim to death or near death," and Nelson had "procured the murder." (It was Nelson who had recruited Gaines, et al. to help her get even.) Thomas also "unilaterally withdrew the notice of death penalty" in both cases.

Thomas didn't withdraw the death notice for Patrick Bearup, a married father of two. Granville noted this was "as the law allows" yet remarked that the outcome of the case was unjust.

Granville observed that "even under the state's theory of the case, [Patrick Bearup] did not cause the physical death" of Mathes. That Bearup acted "only as support" as Johnson "baseball-batted" Mathes. Yes, Bearup did help drag Mathes to a car trunk and, from there, to the desert. Bearup also severed Mathes' ring finger, wrote Granville, but "while cruel and heinous," this mutilation "was not the cause of [Mathes'] death."

The judge, who has clashed with Thomas' office over other matters, declared that Bearup's death penalty sentence "was not justified in the context of the relative responsibility" of the other defendants. "The court finds that justice was not done for Mr. Bearup," concluded Granville.

Now it's come to The Bird's attention that the fourth player in this legal charade, notorious boot-boy Sean Gaines, has also been offered a plea deal by the County Attorney's Office, one quietly unsealed and placed in the public record in August. Under its terms, Gaines would plead guilty to second-degree murder, thus dodging the death penalty.

If the court agrees to the deal, and neither party withdraws from it, Gaines "shall be sentenced to the Department of Corrections for a term of 25 years." Gaines, 27, could one day walk the Earth a free man.

(According to court records, Gaines was sentenced to a 12-year sentence for burglary in 2003. Whether the sentence would run concurrently or consecutively with another sentence is ultimately up to the court.)

Yet, according to Mr. Tough on Crime Thomas and his minions, Gaines is the guy who twice pulled a shotgun trigger on the victim, leaving him for dead.

"The evidence of the use of a shotgun is flimsy, at best," asserted Gaines' attorney Michael Reeves. (The corpse was in the desert a year before what was left of it was discovered.) Though police did recover a 12-gauge shotgun from Gaines' home, Reeves said, the only evidence that a shotgun was used at the scene came from bat-wielder Jeremy Johnson.

Asked why his client was the beneficiary of this unusually generous offer from the county attorney, Reeves said he couldn't say. He also couldn't comment on whether the deal came about because Gaines is providing intelligence to authorities on his fellow skinheads.

However, an article by former New Times reporter Susy Buchanan in the spring 2008 issue of the Southern Poverty Law Center's Intelligence Report magazine details Sean Gaines' public renunciation of racist skinhead culture and notes that white supremacist prison gangs are sure to target him for elimination should he ever become a general population inmate.

Asked if he thought his client's co-defendant Patrick Bearup deserved the death penalty, Reeves replied, "No, absolutely not." Reeves offered that Bearup shouldn't have pushed his attorney to go to trial so soon.

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14 comments
Eyezthatsparkle4u
Eyezthatsparkle4u

All i can say is this. I lived with pat i took care of his baby's He was not there nor did not do it..Joe was pissed at his dad for running against him for office...joe made there life hell...Get real people....

ilfrmn
ilfrmn

patrick bearup?? you bet i know him, i was there through the entire case, including his sentencing, if you had been there and heard all the lies he told to get out of his murder conviction, you'd have given him the death penalty too! and yes sean gaines should be right beside him when they deliver him to hell! jessica and jeremy should also be there, the state would save a lot of money by doing all the four at the same time...lol. they did it together, they should die together!!!!

Jenifer
Jenifer

This "fake UPS" process server came to my door to serve another member of the family who was not home. He told me that UPS was "his other job."

befree
befree

This is for Phoenix Dweller: Yes, I'm very well versed with the Bearup case, with SEan "half-dead" Gaines, and all the old cronies. I pray your words stand true that Sean has changed. However the blanket immunity the state has given him to confess to other murders and give up unsubstantiated information to help put more innocent people in prison while he sits in protective custody is not justice. It is "the" problem with our justice system and caused the current travesty concerning Mr. Bearup. An informant's word is taken as gospel and a jury convicts. Why don't you learn more about the case, not jus what your brother tells you. I do pray for Sean and hope he truly has changed. But he knows what the truth is concerning all the beatings, murders, robberies, and terrorist acts that he has done, or conspired to do. God alone will judge his soul!

befree
befree

This is for Phoenix Dweller: Yes, I'm very well versed with the Bearup case, with Sean "half-dead" Gaines, and all the old cronies. I pray your words stand true that Sean has changed. However the blanket immunity the state has given him to confess to other murders and give up unsubstantiated information to help put more innocent people in prison while he sits in protective custody is not justice. It is "the" problem with our justice system and caused the current travesty concerning Mr. Bearup. An informant's word is taken as gospel and a jury convicts. Why don't you learn more about the case, not just what your brother tells you. I do pray for Sean and hope he truly has changed. But he knows what the truth is concerning all the beatings, murders, robberies, and terrorist acts that he has done, or conspired to do. God alone will judge his soul!

AZ54363
AZ54363

I cannot believe Sean Gaines is getting a plea that will allow him to walk on the streets again!! WTF!! Would it be too much to freaking ask to offer him a plea of life without the possibility of parole at the very LEAST?!?! Jesus H. Christ!!

This guy has no soul!! He has no regard for anyone but himself, and he won't stop for anything until he gets what he wants. If there is one person out of this entire case that should get the death penalty, it should definitely be Sean Gaines!! Justice has not been served.

rzz
rzz

So, bird, you talked to Shoba Vaitheeswaran? She is probably an H-1B. I'm so happy that you got to talk to a nonimmigrant from India to explain everything. It's such a pleasant irony. hardeharhar!

Be sure to let us know how you do in the kangaroo court. I hope your judge is Hispanic.

Coz
Coz

Sean Gaines is a total asshole and if anyone deserves to be executed, it's Gaines. He had everything to do with the murder and was behind it every step of the way.

I spent some time with Gaines in the County jail and watched Gaines beat another inmate to the ground just to steal his $20.00 worth of commissary...

Sean Gaines, total Fucken Neo Nazi Scumbag Loser of the worst kind that doesn�t deserve to live.

He could care less about those he's killed or beaten into the ground.

Fuck that scumbag.

Phoenix Dweller
Phoenix Dweller

Do any of you even know the case? Do any of you even know what you are talking about? Or are you just talking out your neck about Arpaio? Maybe Bearup doesn't deserve to be on death row...or maybe he does? Is it for us to decide? And why is Sean getting a plea? Maybe because he has renounced his association. He has spent the longest amount of time locked in 4th Ave and has spent that time wisely. Learning from his past sand seeing where it got him and not liking it. He has made sincere advances in the right direction. He fully realizes where that will get him. And he knows that when he hits a yard, he will not be looked upon kindly. But he took those chances and is working to right the wrongs that he got wrapped up in. So until you all read up on the actual case or become a judge, lawyer or county attorney yourself, how bout you shut your mouth and leave these things to the people that get paid to make the decisions.

TommyC1
TommyC1

Honestly folks. Give this about thirty seconds of consideration. With the recent history of murders in the MCSO facility why would Thomas want to send a convicted murderer there, and let the real killers languish in prison? Easy enough that even I could figure this one out. The real killers take care of Bearup by killing him as happened in June. Then Thomas prosecutes Gaines and company, again, and might get the death penalty with a second murder conviction. In the mean time, Bearup - the son of arpaio's adversary, is no longer living and this gives arpaio and company great pleasure as part of their retribution for Bearup having had the fortitude to pony up and face arpaio for the white trash he really is.

zack vinyard
zack vinyard

the only reason people like patrick, his father, the REST OF THE FAMILY, and the rest of anybody else trying to stand up to joe arrpiao. We are being targeted, because JOE ARPIAO STOLE MONEY FROM THE "PINK SHORTs" SCAM and hes allocating money from the state thats supose to build jails out of tents, he's buying up real estate and having his records sealed. He's trying to build more jails to house people of victimless crimes, just so he can "CASH IN" asking for more money to house all his fony criminals. (HES MAKING MONEY OFF OF THE POOR, THE INNOCENT, AND THE UNEDUCATED). JOE IS USING OUR TAX DALLARS TO BUILD HIS "NAZI EMPIRE"!!!......oh yeh one last thing, he is also going to try to run for govenor AND RULE OVER "YOU" THE DUMB SHEEP, so he doesnt want anybody around who can tell the truth about his FRAUDULENT ACTIVITIES, BUT WE WILL BE THERE!!!

all of you white piece of shit, elderly nazi people who keep voting for a liar in office like joe, all because your scared of illegals, he is the crook, ALL VIOLENT CRIME HAS GONE UP DRAMATICALLY SINCE HE HAS STEPPED INTO OFFICE...BEWARE OF joe arrpiao, HE IS ABOVE THE LAW!!!

Concerned Citizen and Taxpayer
Concerned Citizen and Taxpayer

Since there has been a track record of targeting of certain people and groups of people by Thomas and Arpaio, then it is not at all surprising they would give a death penalty as the ultimate retaliation. Arpaio and Thomas have made too many mistakes, have little respect for people or lives, so they should be the last ones qualified to play God with their lives.

The Death Penalty should be abolished since Arizona has one of the lowest standards to practice law in the nation (incompetent attorneys), a shortage of public defenders, overcrowded courts (no fair justice) and an overzealous law enforcement who are trained to shoot first, and ask later.

This case cries out injustice while the true killers get set free. Something is very wrong with this case that needs to be reopened and independently investigated. It's time to get rid of the Death penalty. Taxpayers should not have to foot the bill for endless decades of legal battles to satisfy the egos of those in power.

Kylee
Kylee

I have known Patrick Bearup for 6 years, and I can not even believe that Sean was offered a plea deal. Is it becuase he has been sitting in 4th Avenue Jail since it opened, and the county or the sheriff doesn't want to go through a trial? Or maybe becuase the only person the sheriff and county attorney wanted to suffer in this whole thing is Patrick. Justice has not been done in this case, and I believe that it will soon come for Patrick Bearup. As his dad has said, he was no angel, but a murderer he is NOT.

 
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