By Bee Staff
A robber/rapist who may have avoided death row because he ran out of ammunition as he tried to execute a witness is due a parole hearing
A Sacramento Superior Court judge sentenced Frank Fahey Jr., now 63, to life in prison for a 1974 rape, robbery and attempted murder, The Bee reported.
The hearing is scheduled for Sept. 23 at Folsom State Prison, where Fahey is incarcerated, according to State Board of Parole Hearings.
Fahey robbed an Auburn Boulevard pastrami shop just before midnight on Dec. 12, 1974. After robbing the shop, he raped the waitress and shot the shop's only customer, according to Bee reports.
Fahey then forced the waitress to drive him and the wounded male customer to an isolated area in Yolo County.
Fahey told the pair that he would have to kill them to eliminate witnesses to his crimes. The pair argued that they would not identify him and pleaded for their lives.
Fahey shot them anyway. He shot the male witness twice more and the waitress twice.
The male witness testified that Fahey then placed the gun to the male witness' head and attempted to fire twice. But both times the witness heard the gun click without firing.
Fahey has been denied paroles several times, Bee reports show.
If you want to give your opinion of an inmate's suitability for parole, you may mail a letter to:
Martin Hoshino, executive director
Board of Parole Hearings
1515 K Street
Sacramento, CA 95811
For more information on the Board of Parole Hearings, go to:
http://www.cdcr.ca.gov/Divisions_Boards/BOPH/
Bee researcher Linda Beymer contributed to this report









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