On the evening of February 26, 2002, Bearup, Sean Gaines, Jessica Nelson, and Jeremy Johnson beat and shot Mark Mathes, 41. Nelson was living at the Mathes residence when she realized she was missing about $600 and suspected Mathes had stolen it from her. Nelson informed Gaines of her suspicions about Mathes and Gaines instructed her to call him when Mathes' returned home. When Mathes returned home, Nelson invited him to have a beer with her and hang out in the back patio. At his point she called Gaines and told him Mathes was home. Shortly after, Gaines, along with Bearup and Johnson arrived at the Mathes residence armed with a baseball bat and a shotgun. They beat Mathes, "unmercifully," put him in the trunk of their car and drove to the Crown King area north of Phoenix. Mathes' finger was cut off, he was shot twice and thrown off a cliff. Johnson and Nelson pleaded guilty to second-degree murder and kidnapping changes.
Presiding Judge: Honorable Warren J. Granville
Prosecutor: Paul Ahler
Defense Counsel: G. David Delozier Jr.
Start of Trial: November 6, 2006
Verdict: January 9, 2007
Sentencing: February 5, 2007
Prior conviction for a serious offense
Especially heinous, cruel or depraved
State v. Bearup, 221 Ariz. 123, 211 P.2d 684 (2009).