Michael Tate, accused of stabbing and beating Steven Fitzgerald to death in Westminster in 2004, was found guilty of first-degree felony murder, which carries a mandatory life sentence.
The jury found Tate not guilty of two other charges: first-degree murder after deliberation and conspiracy to commit murder.
The now 19-year-old Tate also was found guilty of eight other charges, including burglary, theft, criminal trespass and criminal mischief.
As the verdict was read, Tate’s estranged mother, who gave up parental rights when the boy was 3, cried.
Tate rested his head on the shoulder of his attorney, Shawna Geiger, as she put her arm around him. Then he was led away in handcuffs.
Sentencing was scheduled for Nov. 2.
The jury began deliberations last Wednesday.
“He did know right from wrong, that is the critical claim,” prosecutor Jackie Russell said during closing arguments.
Arguing Tate was not guilty by reason of insanity, Geiger told the jury that Tate “was profoundly mentally ill in November 2004 and in the years leading up to that, and he has remained profoundly mentally ill in jail.”
The trial lasted 2 1-2 weeks, and included testimony from 50 witnesses, including Fitzgerald’s son, Michael.
Michael Fitzgerald, who was sentenced in March to 62 years in prison in connection with his father’s murder, said Tate is the one who wielded the knife and shovel in the killing.
Michael Fitzgerald – “a kid with a motive” – is the only one to say what happened in the garage, Geiger said. Tate followed Michael Fitzgerald’s lead, Geiger said, adding, “This is a child who at age 12 couldn’t tell time or tie his shoes. He doesn’t have the mental state to brush his teeth.”
The attack, prompted by the two boys who had broken into the Fitzgeralds’ home after running away from a group home, “was so ferocious,” Russell said, that Steven Fitzgerald’s ribs were fractured.
Russell said Tate hit Steven Fitzgerald in the face five times with a shovel, leaving him to die on the garage floor.
Tate showed he knew what he was doing was wrong when he put a T-shirt over his face during the break-in, Russell said.
Tate also wore gloves to avoid leaving fingerprints, helped to move trash cans to hide the body and changed out of bloody clothing before leaving the house, Russell said.
Geiger reminded jurors that several experts testified about Tate’s long mental-illness history, which showed he was “one of the sickest kids” they had encountered.
Geiger asked the jury to send Tate to the state mental hospital instead of prison.
Staff writer Ann Schrader can be reached at 303-278-3217 or aschrader@denverpost.com.
