Jury finds 3 aggravators in Grant case

By Jon Johnson
Assistant Editor
Published on Sunday, April 5, 2009 5:05 PM MST

After finding Douglas D. Grant guilty of manslaughter on March 24, the six-man and six-woman jury on Tuesday guaranteed a prison term sentence as it found him guilty of three aggravating circumstances. The aggravators could cause Grant to be sentenced to more than five years in prison.

Grant was on trial for the death of his second wife, Faylene Eaves Grant, who drowned in the couple's bathtub of their Gilbert home Sept. 27, 2001.

He will be sentenced by Maricopa Superior Court Judge Margaret Mahoney on May 1. The sentencing structure for Grant's class-2 nondangerous felony manslaughter conviction calls for a presumptive term of five years in prison with a maximum sentence of 10 years and a super-maximum of 12.5 years.

According to the official minutes from the Maricopa County Superior Court, Grant's attorney, Mel McDonald, objected to Grant’s being taken into custody after he was convicted March 24. Judge Mahoney said Grant would likely be sentenced to a prison term and ordered his release conditions revoked. Grant was then remanded into the custody of the Maricopa County Sheriff's Office.

After his conviction, he took the stand in his own defense during the aggravation phase of the trial and asked for leniency from the jury as he recounted what happened that fateful day.

Grant tearfully testified he found Faylene in the bathtub and immediately pulled her out.

"I grabbed her out, and I ran over to the side of the bed," Grant testified. "I laid her on the side of the bed and immediately started CPR. I know CPR – I've known it since I was a kid, and I've done it many times."

According to the American Red Cross, a person should call for emergency assistance before beginning CPR. Another tip is to make sure the victim is lying on a flat, hard surface so the rescuer can push down the required 1.5 to 2 inches for each compression.

According to the 911 emergency dispatch service, Grant did not call 911 that day. He called physician's assistant Chad White, who had prescribed the sleep aid Ambien to Faylene. White called 911 while en route to the Grants' home. A toxicology report stated Faylene had five times the recommended dosage of Ambien in her system when she died.

According to local paramedics, attempting to perform CPR with a victim lying on a forgiving surface such as a bed would be extremely difficult.

The jury, which was unable to agree on a verdict of first-degree murder or murder in the second degree, unanimously agreed on three aggravators. The aggravators are that Grant committed his offense in an especially cruel manner, that he committed his offense for monetary gain and that his offense caused emotional and financial harm to his victim's immediate family.

Phoenix news channel 3 KTVK posted an unedited video on its Web site of the jurors answering reporters’ questions. In the video, the jurors stated the biggest red flag that made them begin to consider he was guilty was the fact he called White when he discovered Faylene instead of calling 911. Several jurors also said they found Grant's testimony insincere and his current wife, Hilary's, lack of emotion odd.

Grant's brother, Vaughn Grant, told the Courier the Eaves and Grant families experienced a tragedy when Faylene died and that the tragedy has continued with the jury's verdict. He quoted a jury member who stated while "nothing was proven," the jury's abhorrence of Grant and its "gut feeling" had a role in the conviction.

"Most people believe that a person is innocent until proven guilty and that a jury must rule only for guilt if they find the evidence to be beyond a reasonable doubt," Vaughn wrote in an e-mail to the Courier. "The families are grieving the loss of a loved one from years ago and continue to grieve over apparent unjust proceedings. We will continue to prove Doug's innocence and appreciate the love and support so many in this Valley have offered to all those who have suffered loss."

Comments

6 comment(s)

    Truth for the peanut gallery wrote on Apr 11, 2009 7:00 AM:

    " Pam, what the heck are you talking about. Grant was found guilty of manslaughter and the jury could not come to a decision on either murder 1 or 2. With the aggravators, I think Judge Mahoney will send him away for 10 to 12 years. He was never found "not guilty" of anything. He is very lucky to escape without a murder 1 conviction or he would have most likely spent the rest of his life behind bars. He will have a final judge however, and I don't think he will be so lucky. "

    PAM wrote on Apr 10, 2009 2:20 PM:

    " The sad part about this is that Her family got what they wanted all along. Now they should have to pay ALL of the Costs on this the SECOND trial. They will never get what they truly want and that is to have their daughter back with them. Sorry she is not going to come back.
    I also was taught in school that if one is found not guilty they will not be tried again for the same crime. So if that is true who is filling who's pockets? "

    Harry P. Ness wrote on Apr 7, 2009 3:35 PM:

    " To be convicted of a crime, isn’t the standard “beyond a shadow of a doubt?” I don’t recall "We thought he was pretty much a scumbag” and "Nobody had good feelings about him” being criminal offenses. Doug Grant is guilty of a bad perception at this point. I’ve yet to hear any facts that go to show he killed his wife. I don’t know if he is a good person or not, but last I checked being a jerk isn’t the same as murder. This whole thing is bizarre. "

    rebecca wrote on Apr 6, 2009 1:25 PM:

    " Grants actions speak loudly, but I feel he did not murder his wife. The jurer who commented about the gut feeling sent a chill down my spine. Gut feellings don't count. Solid evidence is the only thing that should be considered. What a sad and senseless tragedy for all involved. "

    Joe Public wrote on Apr 6, 2009 8:27 AM:

    " Me too..watching 20/20 was just plain weird. Still can't picture him holding her head under water. I think he was just letting her go..If she was suicidial? Keep sleeping pills away from here and no locked doors.
    Curious now how the other networks will portray this case? "

    TV watcher wrote on Apr 5, 2009 11:29 AM:

    " Saw 20/20 tv show the other night and if I were a jury member from what I saw I could not convict Mr. Grant. He is guilty of being a womanizer, maybe arrogant but they did not prove to me he killed her. She appeared to have many mental problems from what was shown in the letters she wrote. God will know he answer and in time he will take care of the solution. "

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