That argument was among those that persuaded the Court of Appeals to reverse Fish's conviction.

Even more important to Garfield than the technicalities, however, is that a new judge and jury might see the case in a whole different light.

In a pre-sentence report filed with the court last week, senior probation officer Angela Weston recommended that Garfield, who has no criminal record, be sentenced to as little prison time as possible. Because his conviction was classified as "dangerous," he's not eligible for probation, a fact that the officer finds "unfortunate."

Roger Garfield has been held at the Maricopa County Jail since his conviction was reinstated in January.
Ray Stern
Roger Garfield has been held at the Maricopa County Jail since his conviction was reinstated in January.
Bobby Cain (left) during a visit a few years ago to his family's home in Surprise.
Bobby Cain (left) during a visit a few years ago to his family's home in Surprise.

Weston notes in her report that although Garfield failed to call police in that final confrontation with Cain, "It appears he may have lost trust in them" after they failed to show up when he first called.

Weston further states that, after reviewing all the facts in the case, it looks as though Garfield believed he was acting to protect himself and the others in the store.

Tom Horne backs his former tenant — and he's willing to stake his political reputation on the case. As might be expected, he has harsh comments for the office of his potential Republican running mate, current Maricopa County Attorney Andrew Thomas.

"It was an abuse to bring prosecution here," Horne tells New Times. "Out-of-control prosecutors shouldn't be second-guessing [Garfield] with the calm wisdom of hindsight."

The facts seem clear to Horne: Garfield told Cain repeatedly that he was trespassing, and Cain refused to leave.

"A store owner should be able to defend himself," Horne says. Garfield "had no other motivation."

Like Fish, Garfield was ruined financially by his action. He left the store last year to concentrate on his legal defense, leaving it in the hands of Sias, McMillen, and others who had once rented space from him. After the Cain family hired attorney Sara Powell to sue Garfield, he settled the lawsuit for an undisclosed amount.

Even if Garfield gets his new trial, his former co-workers all say they will testify against him again.

Cain's family and Garfield's detractors say the former store owner is cold-blooded killer. They want him sentenced to the maximum 21 years.

"I want this man to pay until he's dead," say Judy Anderson, Cain's adoptive sister, through tears.

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8 comments
Alittletruthphoenix
Alittletruthphoenix

Attorney Sara J Powell is nothing more than a scum bag personal injury lawyer - check her website out - she proudly displays her membership in the "Million Dollar Fourm" at the bottom of the page - a group of attorney whom proudly proclaim their winning awards in excess of 1 million dollars for clients -

treasurehunter
treasurehunter

I go in this antique mall all the time. I HAD NO IDEA this even happened.

1shot1kill
1shot1kill

Interesting article.

The Garfield - Cain shooting has limited similarities to the Fish case.They both sound like "suicide by self-defense" since the deceased were both mentally / emotionally unstable.

For that matter, Garfield sounds like he doesn't have a full magazine either, e.g. Grand Canyon trip.

The background of provocation between Garfield and Cain certainly adds to the complexity. Provocation pretty much nullifies self-defense according to current law.

As Ray Stern probably is aware, there are two bills in the legislature right now to make concealed carry legal without the training, education and permit. House Bill 2347 and Senate Bill 1108This is a scary thought although education would probably have made little difference with Garfield since it does seem premeditated (and the article slants it this way).

What is unnerving about both killings is that while the shooters will probably end up walking the streets again, both are financially devastated defending themselves in the legal system. Putting the burden of proof on a shooter for self defense doesn't seem compatible with innocent til proven guilty.

The article is a severe indictment of both the public mental health system and the emergency 911 line. Cain was a danger to himself from people like Garfield and should have been in treatment. Guns laws are in place because even though the cops would rather the public not take the law "into their own hands", they acknowledge they can't be everywhere at once.

Publius Maximus
Publius Maximus

Don't worry, Russell Pearce will get you a special bill that allows Arizonans to shoot transients retroactively, so it will apply to Garfield. Joe Arpaio is probably preparing a medal for him.

Teo Buneo
Teo Buneo

From what the other tenants at the store have to say about Garfield and his anger problem and his own words demonstrate that he's a lily livered wimp who planned carefully for his murder of Mr. Cain. The man should get the full 21 years, Those jurors should have convicted on the 2nd degree charge. If you plan a murder it's first degree murder! "Tough Guy" Tom Horne should be shown the door by voters if he's staking his career on support of this murderous wimp. I've worked with little chicken shits with big chips on their shoulders and Garfield fits that description perfectly. I wonder how long it'll be before Mr.Fish murders another stranger that scares him?

mahkai
mahkai

Aggravated assault is more serious than simple assault. Cain would have had to have had a weapon in his possession in order for this to be the case. From this article, it is apparent that he did not.

Interesting article. Thank you.

Peoriaman
Peoriaman

and how about the man, in his own home, waving a bat at police in the City of Peoria was shot dead with two bullets? Wife calls police, police enter home, and kills the man. Great, time we all carry guns. I wouldn't be surprised this guy goes down, but the the murdering police get off scott free.

 
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