Alleged Killer, Rapist Trial Begins

The trial of a man who allegedly raped and killed a Temecula musician began today.

Attorneys spent the day selecting jury members at Southwest Justice Center in French Valley, and the trial was scheduled to continue tomorrow morning, according to court records.

To read about what allegedly happened,

Mickey David Wagstaff, 27, could face life in prison without parole if convicted of first-degree murder and a special circumstance allegation of murder during the commission of a sexual assault in the Feb. 12, 2009, death of Elizabeth Kellenbarger Amirian.

Riverside County Superior Court Judge Mark Mandio this morning summoned 150 prospective jurors for screening as to their qualifications and availability. More prospects are expected to be screened tomorrow, with opening statements possible before week's end.

Wagstaff 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 reportedly been arguing about marriage plans and whether it was appropriate to have sex before exchanging vows.

Sheriff's investigators and 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 running away.

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 testified during a December 2009 hearing 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 was stabbed 39 times in the head, back and neck and died at the scene.

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

City News Service contributed to this report.