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Jury Deliberates Fate Of Man Accused Of Raping And Murdering Fiancee

MURRIETA (CBS) —  Jury deliberations got under way Wednesday in the trial of a man accused of raping his 27-year-old fiancee in a car at a Temecula mall, then fatally stabbing her when a sheriff's sergeant arrived to investigate.

Mickey David Wagstaff, 27, faces a no-parole life prison term if convicted of first-degree murder and a special circumstance allegation of murder during the commission of a sexual assault in the death of Elizabeth Kellenbarger Amirian.

After two weeks of trial, the prosecution and defense made their closing arguments today and the case was handed to the jury.

Wagstaff, a Pala resident, is being held without bail at the Larry D. Smith Correctional Facility in Banning.

The defendant allegedly raped Amirian while she was locked in his Toyota Previa in a parking garage at The Promenade mall. The couple had been arguing about marriage plans and whether it was appropriate to have sex before exchanging vows, according to sheriff's investigators.

Prosecutors allege Wagstaff forced the victim to stay with him during the two days leading up to the assault, driving to different locations before finally arriving in Temecula. At one point, the defendant allegedly bound the woman's ankles to keep her from escaping.

Moments after the alleged rape, a sheriff's sergeant -- in response to a request by mall security -- approached Wagstaff's vehicle and tapped on the window to check on the welfare of the occupants.

Sgt. Keith Knotek alleged that when Wagstaff saw him standing there, the defendant took out a knife and began plunging it into Amirian.

Knotek said he smashed a window and deployed a Taser to stop the attack, which lasted more than a minute.

Amirian, who was stabbed 39 times in the head, back and neck, died at the scene.

Wagstaff's attorney, Deputy Public Defender Renee Rupp, argued that her client had not planned to kill his fiancee but panicked when he saw the law enforcement officer.

(©2011 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

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