Jury Recommends Death for Killer of Woman, 73

He said it was an accident, he said he was sorry. But in the end, Kenneth McKinzie could not persuade a Ventura County jury to spare his life.

After deliberating one day, the jury walked into court Wednesday morning and recommended that McKinzie, 39, be executed for fatally beating and strangling a 73-year-old Oxnard woman during an attempted robbery in 1995.

It was the verdict prosecutors had sought last year, but an earlier jury had hung at the penalty phase and a mistrial was declared. Prosecutors presented the case a second time.

Ruth Avril was attacked by McKinzie as she turned off a light in her garage around midnight Dec. 21, 1995. McKinzie admitted on the witness stand last week to punching her and slamming her head on the concrete.

McKinzie’s girlfriend lived across the alley from Avril’s south Oxnard apartment. He told the jury that he needed money to buy Christmas presents for his children, and decided to rob Avril when he heard her walking downstairs that night.

“In this case, justice truly was served,” Deputy Dist. Atty. Donald Glynn said Wednesday. “This man committed an absolutely vicious crime against an old lady.”

After the verdict was announced Wednesday, McKinzie turned to thank his lawyers, who tried to convince the jury that he was deeply remorseful for his crimes and should be sentenced to life in prison, not death. McKinzie then walked to a nearby holding cell, glancing briefly at his mother and father, who were seated together amid a crowd of law enforcement officers.

“We’re devastated,” said Kenneth McKinzie Sr., walking out of court.