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Thread: Leroy Anthony Johnson Sentenced to LWOP in 2009 CA Murders of Gary De Bartolo and Sandra De Bartolo

  1. #11
    Senior Member CnCP Legend Mike's Avatar
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    October 11, 2016

    Getaway driver in brutal 2009 Kerman slayings guilty of murder

    Dawn Singh, the getaway driver in the 2009 slayings of a Kerman couple, was found guilty Tuesday of two counts of murder during the commission of a robbery and residential burglary.

    Singh, 41, showed no emotion, other than bowing her head slightly, when the verdicts were announced in Fresno County Superior Court.

    In addition to murder, Singh also was found guilty of a felony charge of evading police.

    Singh is the first of six defendants to stand trial in the killings of Sandra and Gary De Bartolo. The couple’s throats were slashed on the morning of July 22, 2009, inside their El Mar Avenue home that had an indoor marijuana-growing operation.

    Since the slayings, all six defendants have remained in Fresno County Jail.

    Court records say Reyes, Butler and Jones accepted plea deals to testify against the other defendants. But Brickey only chose Reyes and Butler to testify in Singh’s trial. Trials for Wilson and Johnson are pending. Singh chose to separate her trial from the others because Wilson and Johnson continue to file motions delaying their trial dates.

    http://www.fresnobee.com/news/local/...107506667.html

    Maybe in two years another one of these people will get a trial. California is breaking the sound barrier right now.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  2. #12
    Senior Member CnCP Legend CharlesMartel's Avatar
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    Defense attorney files rare death penalty motion

    KFSN-TV

    FRESNO, Calif. (KFSN) -- For the first time in Fresno County Superior Court history, a defense attorney has filed a rare motion, arguing a death penalty qualification on a jury panel for an African American defendant will deprive them of equal protection.

    Attorney David Mugridge's client, Leroy Johnson spent almost nine years in jail on murder charges.

    Mugridge says studies show most African Americans are against the death penalty and he is worried those jurors will be disqualified based on their predisposition toward life rather than death.

    He argues his client will not receive the right to a fair and equal sampling of all races.

    "Theoretically as a defense attorney I'd love to have everybody on the jury be opposed to the death penalty, the people have the right to a fair and balanced jury just as much as the defendant does and I just want to make sure it ends up being fair and trial for both sides," said Mugridge.

    Johnson's trial was supposed to start in January, but it could be postponed.

    Mugridge also says this has only been done in the State of California once before.

    http://abc30.com/defense-attorney-fi...tion-/2783237/

  3. #13
    Administrator Helen's Avatar
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    Nearly a Decade Awaiting Trial, Now Freed

    Neko Wilson to be released in the 1st test of California's felony murder law

    In the first test of a newly signed law that significantly narrows California's felony murder rule, a judge today ordered the immediate release of a man who has spent nearly a decade awaiting trial in double murder.

    Neko Wilson, now 36, had initially faced the death penalty in connection with the July 2009 murders of Gary and Sandra DeBartolo, a couple killed during a robbery at their home in California's Central Valley. Prosecutors had accused Wilson of helping plan the robbery, not of killing the couple. He initially faced the death penalty under a legal doctrine known as the felony murder rule, which holds that anyone involved in certain types of serious felonies that result in death can be held as liable as the actual killer.

    But a new law signed by Gov. Jerry Brown in September significantly narrowed that doctrine and prompted prosecutors to drop the murder charges against Wilson.

    "It's overwhelming," said Jacque Wilson, who is Neko Wilson's brother and his lawyer, as he stood outside the courtroom immediately after hearing Judge John F. Vogt's decision. "You go from being someone the state wanted to kill, to someone who's coming home."

    In court, Neko Wilson agreed to a plea deal on robbery charges, as well as charges in unrelated cases. The total sentence for those charges added up to nine years, the amount of time he’s already been jailed awaiting trial.

    The prosecutor, William Lacy, senior deputy district attorney in Fresno, said the new law had left prosecutors little choice. "It's a new world we live in," Lacy said. "It certainly means that people who were charged with murder previously won't be charged."

    Lacy told reporters that he "absolutely" believed the new law would have a negative impact on public safety in California.

    The felony murder doctrine has long been controversial. Many prosecutors say that it is critical to be able to hold people accountable for deaths that happen during serious crimes. Defense lawyers say that it often sweeps up people who had no intention of killing anyone, like getaway drivers and lookouts.

    Earlier this year, State Senator Nancy Skinner introduced legislation to narrow the state's felony murder doctrine, a measure called SB 1437, in part, she said, because felony murder cases disproportionately affect women and young black and Latino men.

    Advocates for the legislation say that hundreds of cases could be affected by the law.

    The bill faced opposition from many law enforcement groups, including the California District Attorneys Association and the California Police Chiefs Association, and victims’ groups, such as Crime Victims United. These groups voiced concerns that it would harm public safety and could force the re-examination of hundreds of murder cases.

    With the new law, California joins a growing number of states in abolishing or severely narrowing felony murder. Over the decades, legislatures in Hawaii and Kentucky have abolished the rule, and, last fall, Massachusetts joined Michigan in ending it through the courts.

    The case has been a long, complicated legal battle.

    In July 2009, Gary and Sandra DeBartolo were found dead in their Central Valley home, their throats slashed.

    Prosecutors arrested 6 people in connection with the killings, including Neko Wilson, who they say had helped craft a plan to steal high-grade marijuana from the couple's home. Prosecutors alleged that Wilson sat in a vehicle nearby as others went into the house to rob the couple. The DeBartolos were killed during the robbery.

    Court records show that Jose Reyes, Chris Bernard Butler and Andrew Jones have accepted plea deals in the case. A jury convicted another co-defendant, Dawn Singh, who was sentenced to life in prison without parole in the killings. Prosecutors accused Singh of driving the getaway car. Another co-defendant, Leroy Johnson, is still awaiting trial and could face the death penalty if convicted.

    "Obviously, this whole case is a tragedy," Jacque Wilson said outside the courtroom after the hearing. As he talked about his brother, he grew quiet. His jaw tightened, and he began to cry. "But 2 wrongs don't make a right. I believe that justice was done."

    Nearby, Wilson's father, 82-year-old Mack Wilson, beamed.

    "It's one of the happiest days of my life," he said. "I thought I'd never see him or touch him again."

    Mack Wilson said he hoped Neko Wilson would be released quickly so he could make it home for dinner. The previous day, he'd cooked a feast of ribs, potato salad and corn bread in preparation for his son's homecoming.

    "I'm the happiest guy in the universe," he said.

    (source: themarshallproject.org)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #14
    Administrator Helen's Avatar
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    Men held in Kerman couple’s killing released from jail after waiting 11 years for trial

    By Robert Rodriguez
    Sacramento Bee

    Two men, who were involved in the 2009 double murder and robbery of a Kerman couple, were ordered released from jail Tuesday after waiting 11 years for their case to be resolved.

    Andrew Jones, 29, and Chris Butler, 45, were part of a six-person crew who in the summer of 2009 planned to steal high-grade marijuana from the home of small-business-owner Gary De Bartolo and his wife Sandra De Bartolo, a secretary at Kerman High School.

    But the robbery went awry when one of the accused robbers, Leroy Johnson, murdered the De Bartolos with a knife, investigators said. Also arrested were Dawn Singh, Neko Wilson and Jose Reyes.

    Police caught all six of the suspects and they were each charged with double murder along with robbery. At the time, California operated under the felony murder rule, meaning a defendant can be held criminally liable if someone dies during a felony, like a burglary or robbery — even if the person wasn’t the one who did the killing.

    But in 2018, then-Gov. Jerry Brown signed a new law making the murder rule more stringent. Under the new law, a defendant can only be convicted of murder if he or she “was the actual killer” or a major participant who “aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer.”

    For Butler and Jones, the change in the law meant they were able to plead to lesser charges. And be released for time served.

    Murder charges against defendant Neko Wilson were dropped. He pleaded guilty to two counts of robbery. He was released in 2018 after being held at the Fresno County jail for nine years, the exact length of his prison sentence.

    Singh was the first to go to trial in 2016 and she was convicted of double murder and robbery. The murder convictions were later dismissed and she was also given credit for time served and released from custody.

    MEN WALKED FREE TUESDAY

    Butler and Jones had pleaded guilty in 2010 to manslaughter and robbery, but were able to withdraw their pleas and enter guilty pleas to two counts of robbery with a gun enhancement. The maximum sentence, 12 years.

    “The fact of the matter is that he has already served that time taking into considering actual time and time credits,” said Roger Nuttall, Butler’s attorney. “His family knows he is getting out and he is very happy."

    Butler and Jones were expected to be in court Tuesday to enter new pleas, but Jones tested positive for COVID-19 and was not allowed to leave the quarantine area of the jail. Butler has been exposed, but his test has not come back yet, Nuttal said.

    Judge John Vogt ordered the two men back to court on July 28 to finalize their plea agreements. But in the meantime, he released them on their own recognizance.

    The judge was slightly hesitant to release Jones because he is infected, but his attorney Doug Foster said his family is making arrangements to take care of him.

    “His family will take full responsibility of him,” Foster said. “He has a lot of support."

    Reyes is still in jail. His attorney Antonio Alvarez said he awaiting sentencing that can not happen until Johnson’s trial is done.

    Johnson is facing the death penalty and his trial has been delayed several times, most recently by COVID-19. The estimated date of his trial is Oct. 7.

    https://www.fresnobee.com/news/local...243908547.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #15
    Wilso
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    Trial begins for suspect accused of killing Kerman couple

    According to police, Johnson and five others developed a plan to steal marijuana from the home of Gary and Sandy DeBartolo when something went wrong.

    FRESNO, Calif. (KFSN) -- Wearing a facial mask and street clothes, LeRoy Johnson could only listen as the state made its opening statements Thursday in front of a jury.

    "Twelve years ago to the day, almost twelve years ago to the minute, the defendant entered the home of Gary and Sandy DeBartolo, slit their throats and murdered them both," says Bill Lacy.

    Johnson is facing the death penalty after investigators say he is responsible for the 2009 double-murder and robbery of a Kerman couple.

    According to police, Johnson, along with five others, developed a plan to steal marijuana from the home of Gary and Sandy DeBartolo when something went wrong and the husband and wife were killed in cold blood.

    "After Gary had his throat cut, Gary didn't die immediately," Lacy said. "Gary was able to call 911 to say my wife's been murdered and they cut my throat."

    Investigators say drops of Johnson's blood were found leading away from the house to the location of the getaway car.

    At the time of his arrest, Johnson's clothes contained both his blood and blood from Gary DeBartolo.

    Johnson would later tell police he went to the home but did not kill anyone. But other members of the heist all said he did.

    "Everyone in the group knew each other except for LeRoy Johnson," says Mark King. "He was a last-minute addition to the group. Why was he added at the last minute? To be a fall guy? That's reasonable doubt."

    Defense attorney Mark King used his first time in front of the jury to chip away at the state's theory that Johnson is a stone-cold killer.

    "Gary DeBartolo phoned 911 and said my wife has been murdered, my throat has been cut and that call was made two minutes before LeRoy Johnson arrived at the house," he said.

    The trial is expected to last about four weeks with the state scheduled to call forensic experts and law enforcement to the stand on Day 2.

    https://abc30.com/leroy-johnson-kerm...rial/10904349/

  6. #16
    Wilso
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    Fresno County death penalty trial hits speed bump, examines attack before double murder

    FRESNO, Calif. (KFSN) -- A Fresno County death penalty trial 12 years in the making hit a speed bump Monday even as attorneys dug deeper into the evidence, including the crime leading up to a marijuana robbery and double murder.

    Leroy Johnson could go to Death Row for the murders of Gary and Sandra De Bartolo in Kerman, but he's also charged with another robbery and a brutal attack in Fresno a few days earlier.

    The attack at a Motel 6 on Blackstone left scars across Phil Neiman's face.

    "I didn't think he was going to make it," said now-retired Fresno police detective Leo Martinez. "He looked that bad."

    Martinez saw Neiman in the hospital and interviewed him when he survived and got released.

    Neiman said he'd never forget the image of his attacker, and quickly identified Leroy Johnson when Martinez showed him this six-pack of mug shots.

    "Flip it over and tell me what you think," Martinez said as he gave Neiman the six-pack upside down.

    "That's the piece of sh** right there," Neiman said.

    "What number are you pointing at?" Martinez asked.

    "That's that piece of sh** right there," Neiman said, pointing at a mug shot of Johnson from 2008. "That's him."

    Defense attorneys questioned the identification based on Neiman's description of a tattoo.

    He said he saw the word "Fresno" near the suspect's shoulder, but didn't describe the "LJ" initials you can see near one of Johnson's shoulders.

    DNA analysis did place Johnson outside the motel room, though.

    "I determined that all the types present in that sample number 21 are the same as the types I detected from Leroy Johnson," said serologist Gary Harmor.

    Johnson is charged with attempted murder, robbery, and mayhem for the July 16, 2009 attack and with the De Bartolos' murders six days later.

    Five other defendants have been convicted in the murder case.

    Some of them say Johnson went off-script when he slit the victims' throats during a marijuana robbery.

    Defense attorneys admit Johnson was a robbery participant, but they say the other defendants all knew each other, but only recently met Johnson, so it's possible the others set him up to be the patsy.

    The trial is expected to last another three weeks, but it also experienced a complication Monday because nobody can find Chris Butler, who is one of Johnson's alleged co-conspirators in the De Bartolo murders.

    He got out of jail last year when prosecutors dropped murder charges and got a robbery conviction and a promise to testify against Johnson.

    The judge ruled Monday police can re-arrest him to make him testify.

    https://abc30.com/leroy-johnson-tria...alty/10910873/

  7. #17
    Wilso
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    Key witness testifies in trial of man accused of Fresno County couple’s brutal slaying

    A key witness in the double murder trial of Leroy Johnson provided grisly details Tuesday of the 2009 slaying of Kerman couple Gary and Sandra De Bartolo.

    The De Bartolo’s were killed inside their modest home on July 22 during a botched robbery involving six people searching for money and marijuana.

    Johnson, 54, is charged with the gruesome murders of the De Bartolos and faces the death penalty if convicted. His lead attorney is David Mugridge.

    One of Johnson’s co-defendants Jose Reyes, 31, testified on behalf of the prosecution Tuesday. Reyes struck a plea deal with the Fresno County District Attorney in exchange for testifying against Johnson.

    He and Johnson have been in Fresno County jail for 12 years waiting for their hearing to go forward.

    Dressed in a crisp white shirt, Reyes told the jury what happened the day of the bungled robbery. The crew was assembled to pull off what they hoped would be a haul of high-grade marijuana and cash. The would-be robbers included Andrew Jones, Chris Butler, Dawn Singh, Neko Wilson, Johnson and Reyes, he testified.

    All of their cases have been resolved except for Johnson and Reyes. As part of his plea agreement, Reyes pleaded guilty to several felonies including two counts of voluntary manslaughter with a gun enhancement. He faces up to 32 years in jail, instead of life in prison without the possibility of parole.

    Lawyer Mark King, the other half of Johnson’s defense team, questioned Reyes about whether he was telling the truth or just what prosecutors want to hear. “This isn’t about what they want me to say, it’s about telling the truth,” Reyes said.

    Reyes, a former Bulldog gang member, described how the robbery plan seemed to have problems from the start, including being under surveillance by a team of multi-agency law enforcement officers.

    The plan was for four of them to burglarize the home located in the 1500 block of El Mar Lane in Kerman. But when they pulled up near the house, only Reyes and Johnson got out.

    When they entered the home, Johnson, who was armed with a knife and Reyes, who had a handgun, were startled to see Sandra De Bartolo sitting on a sofa, according to the testimony.

    Reyes said they only expected to find the husband, Gary De Bartolo. Reyes tried to calm her down while asking if there was anyone else in the house. She said yes, her husband Gary, who was taking a shower.

    “When I first saw him, he was naked,” Reyes said. “I told him to calm down and to put his underwear on.”

    Johnson forced Sandra De Bartolo into the couple’s bedroom where Reyes and Gary De Bartolo were standing.

    “We kept asking them where is the marijuana and the money,” Reyes said. “But he said there was nothing there except some little plants he had in a closet.”

    After Gary De Bartolo showed Reyes the plants he took him into their son’s bedroom where he said he might have hidden some money.

    They didn’t find any, and what happened next, shocked him, Reyes testified

    “I heard someone say ouch and when I turned around I seen Leroy slice Gary’s throat,” Reyes said, taking a deep breath. “I left that room in shock.”

    As Reyes bolted from the room, he saw the Sandra De Bartolo’s lifeless body laying face down on the floor next to her bed.

    Asked by prosecutor Bill Lacy if killing the couple was part of the plan, Reyes quickly said, “No.”

    “Nothing like that was supposed to happen, I didn’t want to be involved in something like that,” Reyes testified. “I didn’t trust Leroy after that, I didn’t know if he was going to do the same to me.”

    Reyes testified that he pointed his gun at Leroy as he ran through a screen door to get out of the back of the house. He jumped the back fence, dumped his gun and managed to find one of the other accomplices who was driving his own vehicle. They fled, but Reyes later turned himself in to the police.

    Johnson ran out the front door of the home and jumped into the waiting getaway car, a silver Chrysler 300 driven by Singh.

    Watching everything unfold were members of the Multi-Agency Gang Enforcement Consortium (MAGEC) an anti-gang task force. The task force got a tip that an Asian gang was planning a home invasion robbery of the De Bartolo’s home. Several undercover officers were watching the house at the time of the robbery.

    A former gang detective testified Tuesday that when they saw Reyes and Johnson go into the De Bartolo’s home they didn’t think it was unusual since they suspected marijuana was being sold out of that home. They also weren’t Asian.

    The trial continues Thursday in Dept. 60.

    https://www.fresnobee.com/news/local...253071398.html

  8. #18
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    Man found guilty in 2009 murder of a Kerman couple

    It wasn't immediately clear when Johnson would face sentencing, but he could face the death penalty for the crime.

    KFSN

    FRESNO, Calif. (KFSN) -- A Fresno County jury has convicted LeRoy Johnson for the 2009 murder of a Kerman couple.

    Johnson was found guilty of first-degree murder on Tuesday for the killing of Gary DeBartolo and Sandy DeBartolo.

    Investigators said the DeBartolos were killed in cold blood when Johnson and five others tried to steal marijuana from the couple's Kerman home.

    It wasn't immediately clear when Johnson would face sentencing, but he could face the death penalty for the crime.

    The five other defendants have already been convicted in the murder case.

    Johnson was also charged with attempted murder, robbery, and mayhem for a separate robbery and brutal attack in Fresno that occurred a few days before the DeBartolos' murder.

    https://abc30.com/leroy-johnson-tria...alty/10990753/

  9. #19
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    Leroy Johnson sentenced for murder of Kerman couple in 2009

    By Justin Walker
    KSEE/KGPE

    FRESNO, Calif. (KSEE/KGPE) — The man who was convicted of murder for killing a Kerman couple in 2009 was sentenced today.

    Leroy Johnson was sentenced to life in prison without the possibility of parole.

    Johnson was found guilty on charges of murder, attempted murder, second-degree robbery, and mayhem.

    On July 22, 2009, prosecutors say Johnson was one of two people who went into the home of Gary and Sandra Debartolo to steal marijuana. When realizing the couple were still home – prosecutors say he killed the couple and rushed outside.

    https://www.yourcentralvalley.com/ne...ouple-in-2009/
    Last edited by Steven; 10-08-2021 at 03:25 AM.

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