Pubdate: Tue, 09 May 2006
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2006 The Arizona Republic
Contact:  http://www.arizonarepublic.com/
Details: http://www.mapinc.org/media/24
Author: Michael Kiefer

TRIAL BEGINS IN DEATH OF DEA AGENT

Undercover Drug Enforcement Administration Agent Richard Fass knew 
the bust had gone bad. Really bad.

So when the drug dealers tried to handcuff him on the floor of a 
Glendale garage, he reached into the waistband of his pants, pulled 
out his gun and fired, striking one of them in the side.

They fired back. Fass' trigger finger was blown off with the first 
shot, destroying his gun and rendering him defenseless.

The next four bullets hit Fass in the head and shoulder, and he bled 
to death before law enforcement colleagues outside knew what was happening.

Three of Fass' assailants were long ago sent to prison, one of them 
for life. Another has done his time.

But trial began Monday, nearly 12 years after the 1994 murder, for 
the man authorities believe planned the rip-off.

Augustin Vasquez Mendoza, who turns 30 next week, fled to Mexico, 
where he was found by police in 2000. But it took five years to 
negotiate the terms of his extradition.

Vasquez Mendoza is charged with first-degree murder, conspiracy to 
commit armed robbery, aggravated assault, kidnapping and attempted 
armed robbery.

The trial is expected to last four or five weeks and is taking place 
in Maricopa County Superior Court, although it is being tried by 
prosecutors from the U.S. Attorney's Office, who normally try cases 
in federal court.

During the 1995 and 1996 trials of Vasquez Mendoza's three 
co-defendants, the prosecutors wanted to get death sentences in the 
murder but did not have a federal statute that would allow it.

So assistant U.S. attorneys were deputized as Maricopa County attorneys.

They did not succeed in getting death penalties:

Juan Rubio Vasquez, the triggerman and the defendant's half-brother, 
was sentenced to life in prison with no chance of parole.

Rafael Rubio Mendez was sentenced to 43 years.

And Eduardo Aceves Vasquez was allowed to plead to lesser charges in 
exchange for his cooperation and was sentenced to 2 1/2 years.

Under the terms of his extradition, Vasquez Mendoza can be sentenced 
only to life in prison with chance of parole after 25 years if he is 
found guilty.

In his opening statements Monday, prosecutor Kevin Rapp explained how 
the proposed deal started in the Glendale garage of two Argentine 
brothers who worked as DEA informers.

The brothers told Vasquez Mendoza they had an "uncle" in Colorado 
looking to buy as much as $160,000 of methamphetamine.

Fass, 37, who had been with the DEA for seven years and spoke fluent 
Spanish, was chosen to be the uncle.

As 15 agents from various Valley law enforcement agencies waited 
nearby, he entered the garage.

But Vasquez Mendoza planned to steal the money, according to Rapp.

The other three defendants were arrested at the scene or shortly after.

Rapp alleges that Vasquez Mendoza, who was driving nearby, fled when 
he realized the robbery had failed.

Defense attorney JoAnn Garcia pointed to that as a weakness in the 
government's case.

"No one could put my client at that shop when the shooting took 
place," she said.
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MAP posted-by: Beth Wehrman