Richard Kenneth Djerf (born November 6, 1969) is an American

mass murderer Mass murder is the act of murdering a number of people, typically simultaneously or over a relatively short period of time and in close geographic proximity. The United States Congress defines mass killings as the killings of three or more p ...

, currently on

death row Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...

Florence, Arizona , settlement_type = Town , image_skyline = Main Street original town-site of Florence Arizona National Register of Historic Places.jpg , imagesize = , image_caption = Main Street of the original town ...

Overview

On September 14, 1993, Djerf killed Albert Luna Sr., 46; his wife, Patricia, 40; and two of their children, 18-year-old Rochelle, whom he also

rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...

d; and 5-year-old Damien over the course of seven hours. The family's only surviving member was Albert Luna Jr., a former friend of Djerf. The murders, he would later brag to others, were in retaliation for the former friend allegedly stealing several electronic items and an

AK-47 The AK-47, officially known as the ''Avtomat Kalashnikova'' (; also known as the Kalashnikov or just AK), is a gas operated, gas-operated assault rifle that is chambered for the 7.62×39mm cartridge. Developed in the Soviet Union by Russian s ...

rifle from Djerf's apartment. Djerf admitted to the crimes and pled guilty at trial.

Significance

The case is significant for multiple reasons. First, under a rule 11 law Djerf insisted on his right to fire his legal counsel and represent himself. Djerf had to fight for the right to legally represent himself in court so that he could forgo a trial and enter a guilty plea. His case is often cited as a self-representation case where it is not in the client's best interest to represent themselves as long as the person can prove competency.

The crime

Djerf believed Albert Luna, Jr., the family's eldest son, had robbed his house. Luna confessed to the crime during Djerf's trial. On September 14, 1993, Djerf showed up at the Luna home with flowers and then forced himself in at gunpoint. Patricia Luna and her 5-year-old son Damien were at home. Djerf secured Mrs. Luna and her son by tying their arms and legs and gagging them. When Rochelle Luna arrived several hours later, Djerf took her to her bedroom, where he raped and killed her. When Albert Luna, Sr. arrived home, Djerf forced him into his bedroom at gunpoint. Djerf handcuffed Mr. Luna to a bed, smashed his head with a baseball bat, and then removed the handcuffs because he believed Mr. Luna was dead. Djerf then returned to the kitchen with Mrs. Luna and Damien. Mr. Luna regained consciousness and charged Djerf. Djerf killed Mr. Luna, then shot Mrs. Luna and Damien in the head. Before he left, Djerf spread gasoline around the house. He then turned on the stove and left a pizza box on the burner, but the house didn't burn.

Verdict

The judge who sentenced Djerf to death in 1996 said that Djerf had "relished" the time he spent killing the Luna family to get revenge against his friend for burglarizing his apartment. There were four death sentence rulings. Djerf scoffed at the multiple death sentences, saying, "They can only kill me once." The Arizona Supreme Court rejected Djerf's appeal, and the U.S. Supreme Court has refused to hear it. The Arizona Supreme Court issued a warrant of execution in February 2002. The U.S. District Court issued a stay one month later. Djerf continued his appeals to the federal courts. Under

Ring v. Arizona ''Ring v. Arizona'', 536 U.S. 584 (2002), was a case in which the Supreme Court of the United States, United States Supreme Court applied the rule of ''Apprendi v. New Jersey'' to capital sentencing schemes, holding that the Sixth Amendment to the ...

the Supreme Court ruled that only a jury, not a judge, could hand down the death penalty. That put Djerf's case on permanent hold until the Supreme Court clarified its ruling in Schriro v. Summerlin. All three far-reaching cases—Ring, Summerlin, and Djerf—are Arizona capital murder cases. In April 2017, the district court dismissed all of his claims, and Djerf appealed the dismissal. On July 24, 2019, the

Ninth Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

affirmed the district court's dismissal. As of April 2021, Djerf is one of the 20 Arizona death row inmates who has exhausted all appeals. A book and documentary are underway about Djerf, his crime, and his time on death row. He is incarcerated at

Arizona State Prison Complex – Eyman Arizona State Prison Complex – Eyman is a state prison for men located in Florence, Arizona. Eyman is one of 13 prison facilities operated by the Arizona Department of Corrections (ADC). On May 3, 1991, Governor Fife Symington provided an ope ...

on death row.

References

External links

Djerf Supreme Court Decision

Pictures of Djerf's artwork
{{DEFAULTSORT:Djerf, Richard 1969 births 1993 murders in the United States American mass murderers American murderers of children American people convicted of murder American prisoners sentenced to death American rapists Family murders Living people People convicted of murder by Arizona People from Phoenix, Arizona Prisoners sentenced to death by Arizona