Murder defendant suggests he wants out of road rage plea deal

BISBEE — A Sierra Vista man who pleaded guilty last month to second degree murder stemming from a fatal road rage shooting has suggested he wants to back out of the plea deal that calls for 25 years in prison in exchange for dismissal of a first degree murder charge.

Zacarius Tyrone Pierre was arrested June 22 after witnesses said he got out of his vehicle, walked to the driver’s door of a vehicle driven by William McCutchan, and fired several rounds from a handgun. McCutchan, who died at the scene, was struck by three bullets, one of which went through his heart.

Pierre, 38, pleaded guilty Dec. 16 to second degree murder as part of a plea agreement negotiated by the Cochise County Attorney’s Office in compliance with the victim rights of McCutchan’s family.

Pierre’s court-appointed attorney, Cochise County Legal Advocate Andrew Marcy, sat with the defendant as Judge Timothy Dickerson reviewed the multiple-page plea agreement.

One provision of the plea deal called for dismissal of several felonies against Pierre, including premeditated murder. One of those charges was felony child abuse stemming from the fact Pierre’s young daughter was in his car during the shooting.

Another provision called for Pierre to serve 25 years in state prison. He will receive credit for the time spent in the Cochise County jail after his arrest but is ineligible for any early release option, court documents show.

Dickerson asked the attorneys and Pierre several questions before formally accepting the plea deal. The judge then scheduled sentencing for Jan. 16 with Judge Richard Karwaczka, as Dickerson was retiring at the end of the 2024.

That sentencing, however, has not yet happened, because Pierre has expressed an interest in backing out of the plea agreement. Court records show this prompted Marcy to file a motion on Jan. 7 to withdraw as defense counsel.

“Mr. Pierre now believes there was a manifest injustice and that he should be permitted to withdraw from his plea of guilty,” Marcy wrote, adding that a new court-appointed attorney “would be in a better position to objectively investigate” Pierre’s claims.

Pierre’s reason for considering backing out of the plea deal has not been publicly revealed. However, court rules place the burden on Pierre to show voiding his guilty plea is necessary to correct a “manifest injustice.”

Such attempts usually involve claims that the defendant was given incorrect or incomplete legal advice or has become aware of new relevant evidence after agreeing to a plea deal but before sentencing.

Cochise County Attorney Lori Zucco asked for an expedited hearing on Marcy’s motion to withdraw, noting the deceased victim’s sister was scheduled to fly from Texas on Jan. 14 to witness Pierre being sentenced.

“The sentencing hearing will necessarily be vacated if the Motion to Withdraw is granted, and she will have wasted a trip to Arizona from Dallas,” Zucco advised Karwaczka.

The judge granted Marcy’s motion on Jan. 8 and ordered that a new lawyer be appointed for Pierre as soon as possible. Karwaczka then vacated the Jan. 16 sentencing and set a Feb. 7 status review hearing.

Two Cochise County deputy public defenders, including longtime defense attorney Cynthia Brubaker, have been assigned to represent Pierre in all further proceedings in the case. They will have to confer with their new client and review the court file before being able to advise Karwaczka of plans about Pierre’s plea deal.

According to public records, McCutchan spent the afternoon of June 22 drinking at the American Legion in Sierra Vista. He left around 4 p.m. driving a Chevrolet Cruze,

McCutchan made a left turn from Theater Dr. onto northbound 7th Street about the same time Pierre and his daughter headed southbound in a Kia Soul. Pierre apparently believed McCutchan had driven recklessly, as he made a quick U-turn on 7th to head north in the direction of the Chevrolet.

Witnesses say Pierre drove “aggressively” in order to get in front of the Cruze. He then abruptly stopped his Kia in the roadway near 7th and Raymond, causing a rearend collision with McCutchan, according to the Sierra Vista Police Department.

SVPD Det. Jessica Ferrel testified at a bond hearing last summer that witnesses observed Pierre get out of the Kia and approach the Chevrolet while yelling. He then opened fire at close range with a 9mm handgun as McCutchan tried to drive away. Multiple callers reported the accident and then the shooting to 911.

Pierre remained on-scene but declined to be interviewed by Ferrel.