Last defendant sentenced in deadly 2019 north Phoenix home invasion
The last defendant connected to a 2019 fatal home invasion in north Phoenix was sentenced Tuesday to 25 years in prison.
Michael Warner, 50, pleaded guilty to second-degree murder for his role in an armed robbery that left Travis Dunham, 50, with fatal injuries. According to court documents, Warner cleaned Dunham’s pool and occasionally purchased drugs from him. Police said Warner recruited his co-defendants to help him carry out the robbery.
A police report describes what officers said happened at Dunham’s residence, east of Interstate 17 and north of Happy Valley Road. Warner arrived on the night of Jan. 8, 2019, under the pretense of purchasing drugs. After he entered, Warner contacted Matthew Zawacky, now 41, and Oscar Aguirre, now 25. Zawacky and Aguirre entered the residence and restrained the occupants, including Warner.
Dunham’s daughter and her boyfriend were home at the time, as was another resident of the house. They were all forced into the master bedroom, according to witness statements.
According to police, Dunham broke free from his restraints and, retrieving a firearm, shot Zawacky once. Zawacky returned fire, striking Dunham twice. Dunham died from his injuries.
Court documents also stated that Zawacky shot and killed two dogs in the Dunham residence.
Police said Warner fled and, a few hours afterward, contacted law enforcement stating he had been a victim of the robbery.
Zawacky drove home, where he met his twin brother Michael Zawacky and Emily Canfield, 34, according to police. Michael Zawacky poured milk on the driver’s seat of his brother’s Honda Accord in an attempt to dispose of the blood evidence, according to court documents.
Police said Emily Canfield moved Matthew Zawacky’s car to conceal the vehicle.
Michael Zawacky, with Salvadore Carrillo, 48, attempted to transport Matthew Zawacky to Mexico, police said. They were unsuccessful in crossing the border. According to court documents, Matthew Zawacky was treated at a hospital in Yuma and was transported to a hospital in Phoenix, where he was apprehended.
During the investigation, police discovered DNA evidence they said matched a previous sample taken from Matthew Zawacky, who had been convicted on a 2014 charge of aggravated assault.
Phoenix police said they connected Zawacky to Warner and Aguirre, who were both arrested shortly after Zawacky. Aguirre had been paid $50 for his role in the robbery, according to court documents.
Zawacky, Warner and Aguirre were indicted on one count of first-degree murder, four counts of armed robbery, four counts of kidnapping, four counts of aggravated assault, and one count of burglary.
Because his previous felony conviction prohibited him from possessing firearms, Zawacky was indicted on one count of misconduct involving weapons. He also faced two counts of cruelty to animals.
Though Zawacky was the only defendant accused of shooting and killing Travis Dunham, Warner and Aguirre were also indicted for first-degree murder. This is because of the felony murder doctrine, which applies to violent felonies that result, intentionally or not, in a death. Prosecutors are given the power to charge all parties involved in the crime with first-degree murder ― regardless of whether they directly caused the death.
Canfield, Carrillo and Michael Zawacky were charged with hindering prosecution. They all pleaded guilty and were each sentenced to three years of probation.
Matthew Zawacky pleaded guilty to second-degree murder and aggravated assault. He was sentenced to 25 years for second-degree murder and 10 years for aggravated assault, to be served consecutively.
A sentencing memo filed by Zawacky’s attorney argued that the court should take into account the abuse Zawacky suffered as a child. The filing described a childhood with “no continuity, no stability.”
Aguirre pleaded guilty to second-degree murder and was sentenced to 25 years in prison.
Judge Michael Kemp, who presided over Warner’s sentencing, stated that he took into account the length of Zawacky and Aguirre’s prison terms.
At Warner’s hearing, several members of the Dunham family made statements to the court. All asked for the maximum sentence of 25 years. Some addressed Warner directly, characterizing him as a friend of Dunham’s who ultimately betrayed his trust.
Heidi Schwab, who lived with Dunham and was present during the robbery, asked a victim advocate to read her statement aloud to the court. The statement described plans that Schwab and Dunham had made together, to travel the country and attend mineral shows.
Carrie Warner, Michael Warner’s wife, also spoke at the hearing. She described the debilitating impact of drugs on her husband’s life.
She told the court that she hoped the prison sentence would allow Michael Warner to come to terms with the consequences of his actions.
This article originally appeared on Arizona Republic: Michael Warner sentenced to 25 years in Travis Dunham's Phoenix murder
