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Life term in slaying




A 23-year-old self-professed "separatist" was sentenced yesterday to life in prison without parole for beating a gay man to death.

Pima County Superior Court Judge Frank Dawley said he considered a letter that convicted killer David Augustine Higdon wrote, but it "carried little weight."

"An expression of grief for the victim's family while not accepting responsibility is not remorse," Dawley said. "Remorse is more than saying you're sorry."

Higdon's family support, young age, background, possible ability to rehabilitate and alleged abuse by his mother did not outweigh the fact that Higdon was on parole at the time of the murder and had two previous convictions, Dawley ruled.

Dawley also sentenced Higdon to almost 16 years for robbing the victim, Philip A. Walsted, 24.

"He knew exactly what he was doing when he chased my son down and beat him on the head," Walsted's mother, Judy Boyer, told Dawley. "It was the most violent death any human could ever endure."

Higdon has "evil running in his blood," Boyer said. "He has no regard for human life."

Deputy County Attorney Mark Diebolt said Walsted, an American Airlines employee, suffered "unimaginable torture" as Higdon beat him repeatedly with an aluminum baseball bat in June 2002.

Diebolt noted that Higdon arrived for sentencing with a shaved head.

"He wants all the world to know he is a skinhead," Diebolt said.

Higdon and several other Pima County Jail inmates were charged with participating in a white supremacy ring. Higdon told the Tucson Citizen he considers himself a "separatist," not a white supremacist, and said he is not prejudiced against gays.

Among the items confiscated from Higdon's cell was a birthday card that showed a man holding a bloody baseball bat in one hand with his other hand in a "Sieg Heil!" salute.

Defense attorney Bobbi Berry called Higdon's father and uncle to the stand to speak on his behalf.

His father, Michael Higdon, 58, said Higdon's mother used to beat him.

Joseph Higdon, 60, a retired Tucson police officer, said his nephew was capable of being rehabilitated.

Before sentencing, Higdon asked Dawley whether he had read his letter and had nothing to add.

Berry said she would file an appeal immediately.

Two days before Higdon's conviction, he wrote a letter to Dawley accusing Berry of misconduct because she would not call his alibi witness and a forensic expert he wanted and did not allow him to give input during testimony.

Berry filed a motion saying she decided not to call the alibi witness, Cody Martinez, after an investigator talked with him.

Martinez, who is awaiting trial on a first-degree murder charge, claimed that he was with Higdon on the night of the murder but neglected to say the two also abused drugs together, according to the investigator's report.

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