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5 Phoenix L. Rev. 399 (2011-2012)
Statement from the Author

handle is hein.journals/phnxlwrv5 and id is 405 raw text is: STATEMENT FROM THE AUTHOR Duane Lynn* Nila Lynn, 69, of Peoria, Arizona, was murdered at a homeowner's association meeting on April 19, 2000 by a man unhappy with the way the association had trimmed the bushes in his yard. Nila and another woman were killed, and several other men were injured. Nila died on the floor in the arms of her husband, Duane. They were three months short of their 50th wedding anniversary. Their children paid for her casket with the money they had saved for an anniversary gift. Duane wanted the killer to be sentenced to life without parole, rather than endure the lengthy appeals of a capital case. Despite having clear constitutional and statutory rights, Duane was not allowed to make a sentencing recommendation. The killer received the death penalty.' Ventana Lakes is a senior community and has its own home owners associ- ation with a seven-person board of directors. In April, 2000, I was a member of that board and was in charge of the landscaping for the grounds. The first Wednesday of each month we held our board meeting. On April 19th, my wife, Nila Ruth, was going to the meeting with me. We arrived at the meeting hall about thirty minutes early so I asked Nila if she would sit with a lady by the name of Ester LaPante for a few minutes because she was new to our board and that was to be her first meeting. Little did I know that in about two hours both Nila Ruth and Ester would be dead. About thirty minutes before we closed the meeting, a man entered the room and began shooting a pistol at the board members. I later learned he had four guns with him and about 700 rounds of ammunition. About eight months ear- lier I had taken a lawn maintenance crew and cleared off his lawn. We trimmed his trees, cut his shrubs, and cleared off his lawn. All of this type of maintenance was required by our rules and regulations. He had refused to fol- low these rules. A few weeks after I had done this he and his wife moved. We * The author is a retired officer with the Arizona Highway Patrol. Jon Kyl et al., On the Wings of Their Angels: The Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act, 9 LEWIS & CLARK L. REV. 581, 583 (2005).

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