Shoot to Kill: An Antique Dealer Has One Last Chance at Freedom After Gunning Down an Unarmed Homeless Trespasser

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.

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.

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More About

• Todd Garfield
• Susan Garfield
• Ruby Sias
• New York Crime
• Criminal Sentencing and Punishment

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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."

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.