Sacto 9-1-1: Dunn death-penalty jurors ask if lack of remorse is factor

By Andy Furillo
afurillo@sacbee.com

Jurors have now completed more than three days of deliberations without deciding whether Aaron Norman Dunn should get the death penalty for shooting two men to death during a March 25, 2006, rampage in Elk Grove.

The six-man, six-woman panel did send a question to Sacramento Superior Court Judge Michael W. Sweet late in its deliberations today asking whether it could consider Dunn's lack of remorse as an aggravating factor in deciding whether to impose the ultimate term.

In his response to the jury's question, Sweet wrote to the jury that it could consider it as a factor in aggravation if the panel found that Dunn exhibited a lack of remorse at the crime scene. Witnesses testified at trial that after the second of his two fatal shootings, Dunn held his shotgun with both hands over his head in celebration.

Sweet also told the jury it could not consider any evidence of his lack of remorse after the crime as an aggravating factor, but that it "may make remorse unavailable as a mitigating factor."

Deputy District Attorney Scott Triplett chided Dunn during his closing argument for his lack of remorse throughout the case, while defense lawyers Amy Rogers and Hayes Gable III did not offer remorse as a mitigating factor on behalf of their client.

The jury convicted Dunn, 33, on April 13 of first-degree murder with the special circumstance of multiple murders for the killings of cameraman Jon Johnson, 46, and Xerox salesman Michael John Daly, 45.

The jury also found Dunn guilty of trying to kill four other people in the spree that was set off by his rage over the breakup of his marriage.

The panel has been deliberating since Thursday afternoon whether to sentence Dunn to death or to life in prison with no chance of parole.

Call The Bee's Andy Furillo, (916) 321-1141.

Previous coverage:

Jury weighs fate of Elk Grove killer of 2 men - April 30, 2010

Family describes killer's grim life - April 27, 2010

Victims' relatives tell of pain, loss at killer's sentencing hearing - April 23, 2010

Jury convicts man of gunning down 2 in Elk Grove - April 14, 2010

Jury deliberating fate of double-murder defendant Aaron Norman Dunn - April 13, 2010

Prosecutor, doctor spar over Elk Grove murder defendant's actions - April 8, 2010

Prosecutor eager to attack psychiatrist in Elk Grove shooting spree trial - April 7, 2010

Meth psychosis cited in killings; defendant's words cast doubt - April 6, 2010