Archives : murder
Dog Owner Gets Involuntary Manslaughter
California has some of the strictest penalties for murder convictions. The California Penal Code 187 defines murder as the “unlawful killing of a human being, or a fetus, with malice aforethought”. There are several different degrees of murder charges you could face in California. The most serious murder charge is a capital murder with special circumstances. You can also be convicted or first degree murder or second degree murder. California murder conviction penalties range from 15 years in a California state prison to life, life without parole for such crimes as hate crime murder or the death penalty for capital murder crimes with special circumstances.
Capital Murder with Special Circumstances Conviction
Capital murder with special circumstances is the most serious murder crime you can be convicted of in California. You must have killed someone either for financial gain, killed more than one victim, killed a law enforcement officer, firefighter, judge, prosecutor or an elected public official, killed a witness to prevent them from testifying in a case, committed a felony and killed someone which subjects you to the first degree felony murder rule, killed someone under the definition of a hate crime, killed someone in a drive by shooting or killed someone for the benefit of a street gang. You face stiff penalties ranging from 15 years to life in a California state prison, life in prison without the possibility of parole or the death penalty.
First Degree Murder
California first degree murder convictions involve the use of a destructive or explosive device that kills someone, waiting for a victim and then torturing them, killing them deliberately in a premeditated and willful manner, or killing them while committing a felony crime under the felony murder rule. Penalties for a first degree murder conviction range from 15 years to life or life without the possibility of parole in a California state prison.
Second Degree Murder
A California second degree murder conviction means you committed any murder which does not fall under the first degree murder or capital murder with special circumstances categories. Incidents such as alcohol or drug related killings are considered murder in the second degree because they are willful, but not premeditated and without malice. Penalties for a second degree murder conviction in California range from 15 years to a life sentence in a California state prison, to life without the possibility of parole if you served time previous for a murder conviction.
Increased Penalties
California murder penalties may be increased to 20 years to life if you use a weapon in a drive- by-shooting causing or intending serious injury to someone. Penalties may be increased to 25 to life for crimes involving a peace officer and life without the possibility of parole if you intended to kill the peace officer, caused great bodily harm or used a deadly weapon or firearm to kill the peace officer. You may be subject to paying fines up to $10,000 and paying the victim restitution. The California three strikes law requires a mandatory prison sentence of 25 years to life if you are convicted of three felony crimes.
Case example:
The First District Court of Appeal in San Francisco issued a ruling of 3-0 on Monday August 23, 2010, to uphold the 2008 lower court ruling of a second degree murder conviction of Marjorie Knoller, a San Francisco attorney, whose Presa Canario dogs, Bane and Hera, fatally mauled and killer her neighbor Diane Whipple in 2001, as she was attempting to enter her apartment. Whipple lived 50 ft. from where the dogs resided. Both dogs were subsequently euthanized. The First District Appeals Court found that Knoller’s conviction of second degree murder was a proper conviction.
The trial court jury found her guilty of second degree murder in 2002. The trial judge reduced the conviction to involuntary manslaughter. She was paroled initially after serving four years on the involuntary manslaughter conviction. Then in 2008, a lower court ruling reinstated her second degree murder conviction and sentenced her to 15 years to life in prison. Knoller was the person in control of the dogs and admitted to being there at the time the attack occurred. She is currently serving her 15 year to life prison sentence for her second degree murder conviction. She resigned from the California State Bar in January 2007.
Knoller’s husband, Robert Edward Noel, also an attorney, was convicted of involuntary manslaughter and keeping a mischievous animal that killed a human being, which is considered a separate felony. Noel appealed his conviction and was sentenced to four years in prison. He served a portion of his time and was paroled on good behavior and performance of his work duties in prison. Noel was subsequently disbarred by the California State Bar. He is currently on parole and has no right to further appeals.
Murder is a very serious crime in California. If you are charged with a murder, you should immediately hire a California criminal defense attorney who is skilled and experienced at defending murder charges in California. The attorney can raise doubt in your case and argue defenses such as self-defense, mistaken identity, accidental killing, insanity or illegal search and seizure to get the crime dismissed or reduced.
Illinois Resident Charged with Murder
Marcus Powell, a 27-year old Illinois resident, has been charged with the murder of Delarrian Davis, 12, who died in a drive-by shooting allegedly performed by Powell. At the time of the shooting, Davis was at home in Madison, Illinois, which is near St. Louis.
Investigators have concluded that Davis was working on his homework when he was fatally shot, as authorities found books and school supplies alongside the boy’s body on Oct. 7, 2008.
Immediately after the incident, police wanted to interrogate Powell, who had eluded them for two days. While authorities have yet to pinpoint or announce Powell’s motive, they do have the suspect in custody and are following through with their investigation.
The Chase to Capture Powell
Powell had been eluding police for sometime before his recent arrest, as detectives wanted to question him for his suspected role in another shooting. The manhunt for Powell intensified; however, upon his alleged role in the drive-by shooting that killed Davis.
In an effort to track down Powell and keep locals safe, area schools closed or were locked down during the manhunt.
Powell surfaced around the St. Louis area Oct. 9, 2008. Following a short chase, police located Powell at a mobile home park. One resident witness stated that over 40 policemen converged on the shed where Powell was expected to be hiding with their guns drawn. Although the witness did hear Powell yelling, it appears that the suspect ultimately surrendered himself without a struggle.
The Evidence
Currently, investigators are still collecting evidence to prove that Powell was, indeed, responsible for murdering Davis. Despite the fact that prosecutors are confident that Powell is guilty, authorities have only disclosed to the public that they have one eyewitness linking Powell to the crime.
The witness, a neighbor of Davis’, reported seeing a man stopping his car in front of the Davis’ home, turning off his headlights and then shooting at the residence. Authorities haven’t stated whether the witness has identified Powell as the shooter.
(Source: CNN)
Have you been charged with a crime? If so, contact us today to speak to an experienced criminal law attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.
Merced Woman Murdered in Drug Feud
Livingston, Merced County: Five people have been arrested for their involvement in the murder of Rosa Avila, a woman from Livingston who was allegedly killed over $750 worth of illegal drugs.
Violent Crime Related to Drugs
Four people are being charged with murder, while one other is charged as an accessory in the October 24th murder in which Avina was brutally killed by being bound, gagged, and burned alive. It is presumed that the woman was killed out of revenge for a prior incident where Avila stole marijuana and 1/8 of an ounce of methamphetamine. According to Merced County Sheriff Mark Pazin, the victim was persuaded to go to a house in Turlock where perpetrators orchestrated a false home invasion. Avila was then tied up and restrained, then transported to a remote location on South Avenue in Ballico, where she was covered in flammable liquid and set on fire.
Avina survived the flames and almost walked a full mile before losing consciousness. Tragically, she passed away 48 hours later at Santa Clara Valley Medical Center’s burn unit. Pazin also claims that Avina had met her attackers only a few short weeks before her murder, but the act of stealing from these drug traffickers was enough to want her killed.
Drug Traffickers Charged with Multiple Crimes
Alvaro Montanez Reyes, Omar Cebrero, Luis Valencia, and Urbano Ortega were all charged with First Degree Murder, Torture, Kidnapping, Mayhem, and Criminal Conspiracy for alleged involvement in Avila’s brutal homicide. Renulfo Ortega, the fifth man, is charged with Criminal Conspiracy and Accessory to murder. Authorities have labeled these five men as participants involved in a mid-level narcotics trafficking organization that lacks central leadership.
Pazin claims that the home invasion was planned to simply get Avila out of the area and kidnap her. This process points to a premeditated plan to take the life of Rosa Avila. The increasing drug trade that can be seen in Merced County is making its way into other areas, such as Stanislaus County and even Fresno. Avila’s murder is one of a few cases in the area as of recent in which the victim was set on fire.
