The mother of a man convicted of first-degree murder for a 2017 fatal shooting must wait several more weeks to learn whether the Cochise County Sheriff’s Office has to return three guns seized from her house that even the prosecutor admits did not fire the deadly shot.
Jan Wilson was in Cochise County Superior Court on Thursday to present arguments to Judge Timothy Dickerson for the return of 10 items which investigators took from her home after Roger Wilson shot Jose “J.D.” Arvizu outside Jan Wilson’s home south of Sierra Vista on June 22, 2017.
An autopsy and subsequent ballistic testing confirmed the fatal wound was caused by a 20-gauge seized at the time of Roger Wilson’s arrest. Roger Wilson has consistently insisted he fired one round at Arvizu in self-defense.
However, a jury found Roger Wilson guilty of first-degree murder with premeditation last October after which Dickerson, who presided over the trial, imposed a natural life sentence in November.
RELATED ARTICLE: Mistrial Denied, Witness Offered Immunity In Wilson Trial
During Thursday’s hearing, the judge said he will not consider whether any of the 10 items were properly seized in 2017; the only issue is whether probable cause currently exists for the sheriff’s office to retain the items.
Those items include a 9mm handgun, a 12-gauge shotgun, a Winchester .22 pump rifle, and two cell phones. One of the phones was used by Roger Wilson to call 911 after the shooting, and Jan Wilson contends it should be returned to her because all data and records have been extracted and copied by investigators.
Jan Wilson has tried for several months to regain possession of the items and argued at the hearing that her ownership or right of control of those items has not been disputed by the Cochise County Attorney’s Office. She also argued that her right of due process and property rights outweigh any court rules concerning retention of evidence in a murder case.
Chief Deputy County Attorney Lori Zucco was the prosecutor in Roger Wilson’s murder case. She did not slam the door on Jan Wilson getting the seized items returned someday, but argued Thursday that “it is way too premature” for Dickerson to consider such a request.
Zucco noted Roger Wilson’s attorney is working on an appeal and it is possible the attorney will deem some of the seized evidence to be relevant. She asked Dickerson to “look at the bigger picture” of the potential impact if the items are returned and then Roger Wilson is granted a retrial on appeal or through a petition for post-conviction relief.
In addition, Zucco argued all 10 items have evidentiary value even if the three guns Jan Wilson wants back were not the murder weapon. That is because Roger Wilson could still be prosecuted on other firearms charges if his murder conviction is overturned.
The “very earliest” the items should be returned is after Roger Wilson’s current appeal and a first petition for post-conviction relief are exhausted, Zucco said. However, Jan Wilson has argued it could take five years or more for both of those events to be concluded.
Dickerson announced he will take the matter under advisement and issue a ruling in several weeks.
One thing the judge refused to hear Thursday was a statement from Arvizu’s mother, who told Zucco she fears being attacked by Jan Wilson if the firearms are released by the sheriff’s office. But Dickerson noted Jan Wilson can legally own a gun and may even currently own a guns. Therefore, the position of the Arvizu family is not relevant to this issue, the judge said.
