Wednesday, Aug. 15, 2001 | 10:11 a.m.
A man accused of killing a tourist at Harrah's in September has avoided a possible death sentence by agreeing to a deal with prosecutors Tuesday.
Stephen Mullen Jr., 32, entered the type of deal that doesn't require him to admit guilt. Instead, Mullen admitted that the state has enough evidence to convict him of first-degree murder and attempted murder.
As a result of the deal, Mullen will receive a life prison sentence with parole possible after 40 years. It will be up to District Judge Michael Cherry to decide if the attempted murder sentence should run at the same time or after the life sentence.
Mullen was accused of killing Heather Vitarelli, 29, and wounding Frank Willis, 43, while he struggled with casino security guards on Sept. 8.
Chief Deputy Attorney David Schwartz planned to seek the death penalty if the case went to trial and Mullen was convicted. Schwartz said in addition to calling witnesses, he would have admitted as evidence surveillance tapes from the casino.
Deputy Public Defender Steve Immerman said Mullen took the deal because he wants to provide the Vitarelli family closure.
"Mr. Mullen will punish himself more than the court ever will," Immerman said. "In my 13 years as a public defender, I've never seen anyone more remorseful."
Security guards of Harrah's confronted Mullen and Michael Frimmel, 31, that night because they believed the two men were responsible for a number of thefts within the casino.
Both men tried to get away, but Mullen was wrestled to the floor by casino guards who tried to handcuff him. Mullen managed to pull a gun from his waistband and fire two shots before guards could take the gun, police said.
One of the shots hit Vitarelli in the back, and the other hit Willis in the abdomen. Willis survived.
Frimmel was taken into custody without incident, and the case against him is still pending.
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