Murderer of 73-Year-Old Gets Death Sentence

As his mother quietly wept, convicted killer Kenneth McKinzie Jr. was sentenced Thursday to die by lethal injection for beating and strangling a 73-year-old Oxnard woman during a botched Christmastime robbery 3 1/2 years ago.

Defense attorneys for the four-time felon urged Ventura County Superior Court Judge Vincent J. O’Neill Jr. not to impose such a severe sentence, arguing that McKinzie, 38, has admitted and apologized for his crimes.

But O’Neill said the attack on Ruth Avril, a divorced woman who lived alone in a crime-ridden section of south Oxnard, was so brutal that it warrants a death sentence.

“The defendant engaged in a surprise attack on an elderly lady,” O’Neill said, recalling how McKinzie, also an Oxnard resident, assaulted Avril in the garage of her apartment building Dec. 21, 1995.

On that night, McKinzie needed money and decided to rob Avril when he saw her walking downstairs around midnight to turn off a light. McKinzie grabbed her from behind and she fought back, biting him on the hand.

McKinzie then punched her, slammed her head on the concrete floor, stuffed her alive in the trunk of her Ford Taurus and drove to a remote area of Oxnard where he strangled Avril and dumped her body in a watery irrigation ditch near the Point Mugu naval base. Her body was found the next day by two surfers.

In reviewing the crime, O’Neill said he took the defendant’s history of drug use and his “eleventh-hour admission” into consideration, but decided they were outweighed by the callousness of the crime.

“It is the judgment and order of this court,” O’Neill concluded, “that you shall suffer the death penalty.”

Dressed in jail blues with chains around his waist, McKinzie showed no reaction to his sentence. As he was led away by two armed deputies, he turned toward his 65-year-old mother and said, “I love you.”

Tears staining her cheeks, Betty McKinzie replied, “I love you, too” and began to cry.

Outside the courtroom, her husband, Kenneth McKinzie Sr., said he was disappointed the judge did not reduce the sentence to life in prison without the possibility of parole. He struggled for words when asked to comment on his son’s crime.

“The only thing I can say is I’m sorry it happened,” he said. “I don’t know what else to say.”

The younger McKinzie will become the 12th Ventura County man sent to death row since capital punishment was reinstated in California in 1978. His case will be automatically appealed, and an execution date is years away.

McKinzie was convicted last fall of murder, carjacking, burglary and other crimes in connection with Avril’s slaying. The jury deadlocked 11 to 1 in favor of death at a penalty phase and a mistrial was declared.

In April, a second jury was impaneled for a new penalty trial. During those proceedings, McKinzie confessed to beating Avril and apologized for causing her death. He denied strangling her, however, saying she fell into the ditch.

McKinzie admitted that he returned to Avril’s house at least three times after the slaying to steal her belongings, including a VCR, stereo and a camera, which he gave his then-14-year-old daughter for Christmas.

The defendant also used Avril’s ATM card to obtain money for drugs, which he used just hours after he killed her.

After admitting his crimes, McKinzie told jurors God and his family had forgiven him, and he was prepared to accept whatever punishment they handed down.

Deliberating one day, they voted unanimously for death.

By law, O’Neill was required to review the evidence presented at the penalty trial and determine whether it supports a death verdict. He ruled that it did, and at the same time rejected a defense motion to set aside the verdict.

During the sentencing hearing Thursday, McKinzie never pleaded for his life. He just said he was sorry.

“First, I would like to apologize to the family and friends of Ms. Avril,” he said, though no family members or friends of the victim were in court.

His voice strained with emotion, he thanked the judge for being fair and praised prosecutor Donald Glynn for his professionalism. But he said Glynn was wrong when he told the jury that he had no remorse.

Defense attorneys Willard Wiksell and James Farley made final arguments for mercy on behalf of their client, telling O’Neill that McKinzie never intended to kill Avril and feels deeply remorseful.

“Should he be executed? His entire life has been drugs, family squabbles and a crime that shouldn’t have happened,” Wiksell said. “The court should reduce this [sentence] to life in prison without the possibility of parole.”

Added Farley: “To take his life serves no purpose.”

But Glynn pointed out that McKinzie has a lengthy criminal history, including prior acts of violence against his mother, sister and ex-girlfriend.

He reminded O’Neill of the brutal details of the attack on Avril--blood spattered on the garage wall, bruises to her face, and the horrifying drive to Arnold Road while she was trapped in the trunk of her car.

“The crime was brutal,” Glynn said, “and this case cries out for the death penalty.”