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State v. Prasertphong9/2/2003
Huerstel also told Simmons that he shot Moniz first in the neck, then "continued to the back." When he came from the back, Huerstel claimed that Prasertphong was trying to break Moniz's neck. Simmons told police that Huerstel did not relate any details about the killings of Bloxham or Curry. Simmons then told police where they could find Prasertphong and Huerstel. Based on Simmons' tip, the police located and arrested Prasertphong and Huerstel. They were standing next to Prasertphong's truck when arrested.
Once in custody, Detectives Olivas and Charlton questioned Prasertphong and Huerstel. The interviews were audio taped. Huerstel was questioned first but denied any involvement in the murders and denied having eaten at the Pizza Hut.
Before questioning Prasertphong, Detective Olivas determined that Prasertphong was a native of Thailand and confirmed that he understood English. He was read his Miranda rights, and he agreed to answer questions.
Prasertphong told detectives that on the evening of January 17, 1999, he and Huerstel ate at the Pizza Hut. Prasertphong drove the pair to the restaurant in his 1995 Nissan pickup truck. Prasertphong normally kept his Glock 22.40 caliber gun in the truck. While eating, the pair discussed robbing the Pizza Hut. It was during this discussion that Prasertphong claimed to have learned that Huerstel brought Prasertphong's gun into the restaurant. But, according to Prasertphong, he decided not to rob the restaurant because there was a female present and because he had his debit card with him.
After they ate, Prasertphong said he went to the cash register to pay the bill with his debit card while Huerstel went to the restroom. Prasertphong claimed that as the debit card machine was printing the receipt, Huerstel came out of the bathroom "going crazy" with Prasertphong's gun. The first shot hit Moniz. Curry asked Huerstel, "What do you want, what do you want, what do you want?" Huerstel replied, "Where's the safe?" He then shot Curry. Curry dropped a bank bag as he fell to the ground. As Bloxham started to run toward the back, Huerstel "took him out too."
Meanwhile, Moniz began to crawl up on her knees. Prasertphong wanted to make sure she was dead, so he "grabbed her by the hair and looked at her. And she was still breathing." He tried to snap her neck but was unsuccessful, so Huerstel shot her in the head. On the way out of the restaurant, Prasertphong took the debit card machine as well as the bank bag that Curry had dropped. The bank bag contained only checks. The cash register was left untouched and there was no evidence that Prasertphong or Huerstel took anything from the safe.
Prasertphong also told the detectives that after committing the crimes, he and Huerstel fled the Pizza Hut in Prasertphong's truck. They threw the debit card machine into a wash and burned the bank bag. Prasertphong put the murder weapon, the weapon's magazine, a pair of gloves, and several pieces of identification into a plastic bag and hid it inside the wheel well of the spare tire underneath the truck. Prasertphong and Huerstel then went to Aaron's Billiards. While there, Prasertphong called in a false police report to the Tucson Police Department claiming that his truck had been broken into and that his wallet, identification cards, and other items were missing.
After filing the false police report, Prasertphong and Huerstel left Aaron's Billiards and went to a friend's house to spend the night. Adam Wilkey and Josh Simmons were asleep at the house when Prasertphong and Huerstel arrived. At the end of the interview, Prasertphong told the detectives where to find his gun and the burned bank bag a
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