Kim Smith Arizona Daily Star | Posted: Wednesday, February 10, 2010 12:00 am
A Tucson man who was charged with first-degree murder after he shot his girlfriend in the chest was convicted of manslaughter Tuesday.
Jonathan Swihart, 24, who insisted the September 2008 shooting was an accident, is facing a prison term of between seven and 21 years when he is sentenced March 29 by Pima County Superior Court Judge Richard Nichols.
Swihart clenched his attorney's hand while the verdicts were read and later cried and thanked his supporters.
Nichole Renea Katz's family was clearly upset with the verdicts but remained calm.
Katz died one week after her 19th birthday at the Candlewood Place Apartments, 3234 E. Bellevue St.
Katz and Swihart went to a party Sept. 6, 2008, and returned to Swihart's apartment around midnight.
Witnesses testified Swihart and Katz engaged in a loud physical and verbal fight between midnight and 6:30 a.m.
Katz left several times, but she always came back because she couldn't find her keys and she lived on the other side of town, said Deputy Pima County Attorney Jesse Delaney.
The keys were found in Swihart's pocket after his arrest.
In several text messages to Swihart, Katz threatened to have her brothers come over to hurt or kill Swihart because he had beaten her, but Katz's brothers never spoke to her that night, Delaney said.
At 4 a.m. Katz texted she was going to call the police, Delaney said. At 4:06 a.m., Swihart sent a text saying "You are dead."
On the morning of the slaying, Swihart's cousin told police he was so afraid when Swihart began pacing the apartment with his shotgun that he took it away from him, Delaney said.
Witnesses testified that shortly before Katz was shot, they heard her screaming she wanted to leave and "No, don't!" Delaney said.
Assistant Pima County Legal Defense attorney Peter Herberg told jurors the shooting was an accident. Swihart fired at Katz believing her brothers were entering his bedroom, he said.
Swihart didn't run away after the shooting; he called 911 and attempted CPR, Herberg said.
Because of courtroom disruptions shortly after Swihart's arrest, extra security was present throughout the trial.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
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