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Every week, she and cohost Scott Shafer sit down with political insiders on \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">Political Breakdown\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\">, where they offer a peek into lives and personalities of those driving politics in California and beyond. \u003c/span>\r\n\r\n\u003cspan style=\"font-weight: 400;\">Previously, she worked for nine years at the San Francisco Chronicle covering San Francisco City Hall and state politics; and at the San Francisco Examiner and Los Angeles Time,. She has won awards for her work investigating the 2017 wildfires and her ongoing coverage of criminal justice issues in California. 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His work has also appeared on the \u003cem>The California Report\u003c/em> morning show and \u003cem>KQED News\u003c/em>. His production credits include \u003cem>The California Report, The California Report Magazine\u003c/em> and KQED's local news podcast \u003cem>The Bay\u003c/em>. Other credits include NPR's \u003cem>All Things Considered\u003c/em>, WNYC's \u003cem>Science Friday\u003c/em>, WBUR's \u003cem>Here & Now\u003c/em>, WIRED and SFGate. Peter graduated from Brown University and earned a master's degree in journalism from Stanford. He's covered everything from homelessness to wildfires, health, the environment, arts and Thanksgiving in San Quentin prison. In other lives, he played rock n roll music and studied neuroscience. 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They were scheduled for arraignment Thursday, and it wasn’t immediately clear whether they had attorneys who could speak for them.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Officer Le, 36, was shot in the head on Friday and died at a hospital. He was in plainclothes and driving an unmarked truck when he and other officers answered a report of a burglary in progress at a suspected illegal cannabis grow house near Jack London Square, where another burglary had been reported several hours earlier, authorities said.\u003c/p>\n\u003cp>The arriving officers said they saw several people leaving the business. Prosecutors allege that Sanders opened fire from a car with Brown inside the vehicle.\u003c/p>\n\u003cp>Officers took their wounded colleague to the hospital, where he died about four hours later.\u003c/p>\n\u003cp>Le was the 54th Oakland police officer to die in the line of duty and the first killed in nearly 15 years.\u003c/p>\n\u003cp>Alameda County District Attorney Pamela Price and interim Police Chief Darren Allison announced the arrests and charging of the men at a news conference Wednesday night.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11971493,news_11971369,forum_2010101894410\"]Price said she had told Le’s wife and mother about the charges and assured them that her office “will do everything within the confines of our legal power to make sure … that the man we believe shot and killed officer Le will serve the rest of his life in prison.”\u003c/p>\n\u003cp>A third man, Sebron Ray Russell, 30, is charged with taking part in the burglary. It also wasn’t immediately clear whether he had legal representation.\u003c/p>\n\u003cp>Sanders and Russell have criminal records. The two and another man pleaded no contest in 2022 to burglarizing a Pittsburg home where marijuana was being grown and received six-month jail terms, the \u003cem>East Bay Times\u003c/em> \u003ca href=\"https://www.eastbaytimes.com/2024/01/03/stockton-man-suspected-of-murdering-oakland-officer-had-killed-before-as-a-teen-third-suspect-arrested/\">reported.\u003c/a>\u003c/p>\n\u003cp>Sanders also pleaded no contest to voluntary manslaughter for a 2014 shooting that took place when he was 17 that killed an 18-year-old man, the paper said.\u003c/p>\n\u003cp>Brown and Russell were arrested over the weekend, and Sanders was arrested Tuesday in Livermore, authorities said.\u003c/p>\n\u003cp>At the news conference, authorities said Le’s handcuffs were used to arrest Sanders.\u003c/p>\n\u003cp>Price told Le’s family that her office would seek a sentence of life in prison without the possibility of parole for the officer’s killers.\u003c/p>\n\u003cp>Meanwhile, police said they continued to pursue other suspects in the burglary.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Authorities say two men have been charged with murder in the death of Oakland police Officer Tuan Le, who was shot while answering a burglary report at a marijuana dispensary. \r\n","status":"publish","parent":0,"modified":1704406915,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":453},"headData":{"title":"2 Men Charged in Shooting Death of Oakland Police Officer Tuan Le | KQED","description":"Authorities say two men have been charged with murder in the death of Oakland police Officer Tuan Le, who was shot while answering a burglary report at a marijuana dispensary. \r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"2 Men Charged in Shooting Death of Oakland Police Officer Tuan Le","datePublished":"2024-01-04T22:00:15.000Z","dateModified":"2024-01-04T22:21:55.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11971594/2-men-charged-in-shooting-death-of-oakland-police-officer-tuan-le","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two men were charged with murder on Wednesday in the death of Oakland police Officer Tuan Le, who was shot while answering a burglary report at a marijuana business, authorities said.\u003c/p>\n\u003cp>Charges were filed against Mark Sanders, 27, of Tracy, and Allen Starr Brown, 28, of Chico.\u003c/p>\n\u003cp>The two remained jailed Wednesday night. They were scheduled for arraignment Thursday, and it wasn’t immediately clear whether they had attorneys who could speak for them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Officer Le, 36, was shot in the head on Friday and died at a hospital. He was in plainclothes and driving an unmarked truck when he and other officers answered a report of a burglary in progress at a suspected illegal cannabis grow house near Jack London Square, where another burglary had been reported several hours earlier, authorities said.\u003c/p>\n\u003cp>The arriving officers said they saw several people leaving the business. Prosecutors allege that Sanders opened fire from a car with Brown inside the vehicle.\u003c/p>\n\u003cp>Officers took their wounded colleague to the hospital, where he died about four hours later.\u003c/p>\n\u003cp>Le was the 54th Oakland police officer to die in the line of duty and the first killed in nearly 15 years.\u003c/p>\n\u003cp>Alameda County District Attorney Pamela Price and interim Police Chief Darren Allison announced the arrests and charging of the men at a news conference Wednesday night.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11971493,news_11971369,forum_2010101894410"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Price said she had told Le’s wife and mother about the charges and assured them that her office “will do everything within the confines of our legal power to make sure … that the man we believe shot and killed officer Le will serve the rest of his life in prison.”\u003c/p>\n\u003cp>A third man, Sebron Ray Russell, 30, is charged with taking part in the burglary. It also wasn’t immediately clear whether he had legal representation.\u003c/p>\n\u003cp>Sanders and Russell have criminal records. The two and another man pleaded no contest in 2022 to burglarizing a Pittsburg home where marijuana was being grown and received six-month jail terms, the \u003cem>East Bay Times\u003c/em> \u003ca href=\"https://www.eastbaytimes.com/2024/01/03/stockton-man-suspected-of-murdering-oakland-officer-had-killed-before-as-a-teen-third-suspect-arrested/\">reported.\u003c/a>\u003c/p>\n\u003cp>Sanders also pleaded no contest to voluntary manslaughter for a 2014 shooting that took place when he was 17 that killed an 18-year-old man, the paper said.\u003c/p>\n\u003cp>Brown and Russell were arrested over the weekend, and Sanders was arrested Tuesday in Livermore, authorities said.\u003c/p>\n\u003cp>At the news conference, authorities said Le’s handcuffs were used to arrest Sanders.\u003c/p>\n\u003cp>Price told Le’s family that her office would seek a sentence of life in prison without the possibility of parole for the officer’s killers.\u003c/p>\n\u003cp>Meanwhile, police said they continued to pursue other suspects in the burglary.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11971594/2-men-charged-in-shooting-death-of-oakland-police-officer-tuan-le","authors":["byline_news_11971594"],"categories":["news_6188","news_8"],"tags":["news_3574","news_412"],"featImg":"news_11971215","label":"news"},"news_11902140":{"type":"posts","id":"news_11902140","meta":{"index":"posts_1591205157","site":"news","id":"11902140","score":null,"sort":[1642800444000]},"guestAuthors":[],"slug":"he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","title":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","publishDate":1642800444,"format":"audio","headTitle":"The California Report Magazine | KQED News","labelTerm":{"term":26731,"site":"news"},"content":"\u003cp>[dropcap]E[/dropcap]ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Calley Garay, in court documents\"]'He has always told me that a restraining order is not bulletproof and that he will find me.'[/pullquote]Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>[aside postID=\"news_11898155,news_11890534,news_11877217\" label=\"Related Stories\"]Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles\"]'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'[/pullquote]Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law\"]'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'[/pullquote]A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.","status":"publish","parent":0,"modified":1643737516,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":166,"wordCount":6985},"headData":{"title":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers | KQED","description":"When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","datePublished":"2022-01-21T21:27:24.000Z","dateModified":"2022-02-01T17:45:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11902140 https://ww2.kqed.org/news/?p=11902140","disqusUrl":"https://ww2.kqed.org/news/2022/01/21/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers/","disqusTitle":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/f2cab76e-aeb1-4c5e-b156-ae24017629ad/audio.mp3","nprByline":"\u003ca href=\"https://calmatters.org/author/robert-lewis/\">Robert Lewis\u003c/a>\u003cbr>\u003ca href=\"https://calmatters.org/\">CalMatters\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11902140/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">E\u003c/span>\u003c/p>\u003cp>ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'He has always told me that a restraining order is not bulletproof and that he will find me.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Calley Garay, in court documents","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11898155,news_11890534,news_11877217","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11902140/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","authors":["byline_news_11902140"],"programs":["news_26731"],"categories":["news_6188","news_8"],"tags":["news_3144","news_18538","news_30537","news_17825","news_18283","news_17759","news_30536","news_19903","news_3574"],"affiliates":["news_18481"],"featImg":"news_11902156","label":"news_26731"},"news_11728050":{"type":"posts","id":"news_11728050","meta":{"index":"posts_1591205157","site":"news","id":"11728050","score":null,"sort":[1550858531000]},"guestAuthors":[],"slug":"gov-newsom-orders-more-dna-testing-in-1983-quadruple-murder-case","title":"Gov. Newsom Orders More DNA Testing in 1983 Quadruple Murder Case","publishDate":1550858531,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Gov. Gavin Newsom is ordering additional testing in a 35-year-old quadruple murder case that's attracted national attention after accusations of possible police misconduct.\u003c/p>\n\u003cp>Kevin Cooper was convicted of the brutal murders of Doug and Peggy Ryen, their 10-year-old daughter Jessica and 11-year-old neighbor Christopher Hughes in the Ryen's home in San Bernardino County's Chino Hills in 1983. Cooper had recently escaped from a minimum security section of a nearby prison where he was serving time for a burglary conviction.\u003c/p>\n\u003cp>But Cooper — who is currently on death row at San Quentin State Prison — has always maintained his innocence, and in recent years courts and outside observers have raised questions about the evidence used to convict Cooper, a black man.\u003c/p>\n\u003cp>Cooper and his supporters say that police planted evidence to frame him and that new technologies unavailable at the time of his trial and appeals could prove that he is not the murderer. They also note that the one surviving witness, an 8 year-old-boy, initially told police that three white men attacked him, then changed his story, and at one point said Cooper was not the murderer.\u003c/p>\n\u003cp>Prosecutors oppose the new testing, noting that Cooper was convicted and exhausted his numerous appeals — and that retesting undertaken in the early 2000s \"conclusively\" establishes his guilt.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Cooper applied for clemency in 2016, prompting the new flurry of activity in his case.\u003c/p>\n\u003cp>On Friday, Newsom overrode prosecutors' objections and ordered new DNA tests on several key pieces of evidence, including hairs collected from the victim's hands and the crime scene, two separate blood samples, fingernail scrapings from the victims and a button found in the house that authorities say the murderer hid out in after killing the victims with a hatchet and knife.\u003c/p>\n\u003cp>\"I have reviewed the record in this case, including information regarding the evidentiary value of additional forensic testing submitted by Mr. Cooper's representatives, and the People, acting through the San Bernardino County District Attorney,\" Newsom wrote in the executive order ordering the new testing.\u003c/p>\n\u003cp>\"I take no position regarding Mr. Cooper's guilt or innocence at this time. Especially in cases where the government seeks to impose the ultimate punishment of death, I need to be satisfied that all relevant evidence is carefully and fairly examined,\" he added.\u003c/p>\n\u003cp>In December, former Gov. Jerry Brown \u003ca href=\"https://www.kqed.org/news/11714673/gov-brown-orders-new-dna-testing-in-1983-murder-case\" target=\"_blank\" rel=\"noopener\">ordered tests\u003c/a> of four other pieces of evidence and appointed a retired Los Angeles Superior Court judge as special master to oversee the unusual case. The testing ordered in December has not yet been conducted.\u003c/p>\n\u003cp>Cooper's attorney, Norman Hiles, said the additional testing and the tests ordered by Brown will all be done through the special master.\u003c/p>\n\u003cp>\"We are extremely pleased and gratified that this has happened quickly,\" Hiles said.\u003c/p>\n\u003cp>But San Bernardino County District Attorney Jason Anderson said he is disappointed by Newsom's decision.\u003c/p>\n\u003cp>\"Unfortunately, over time it seems the victims' desire for justice in this case matters less and less. This office did not feel any additional DNA testing should have been ordered,\" Anderson said in a written statement. \"Prior DNA testing that Mr. Cooper sought, agreed to and claimed would exonerate him have all confirmed Mr. Cooper's guilt and that Mr. Cooper's allegations of evidence tampering were unfounded.\"\u003c/p>\n\u003cp>The case attracted national interest after \u003ca href=\"https://www.nytimes.com/interactive/2018/05/17/opinion/sunday/kevin-cooper-california-death-row.html\">a New York Times columnist undertook an investigation\u003c/a>.\u003c/p>\n\u003cp>Afterwards, U.S. senators Kamala Harris and Dianne Feinstein — and reality television star Kim Kardashian — urged officials to allow re-testing. Harris opposed that re-testing when she was the state attorney general.\u003c/p>\n\u003cp>But it's not just outside observers who have raised questions about the case.\u003c/p>\n\u003cp>In 2004, the Ninth U.S. Circuit Court of Appeals halted Cooper's planned execution and ordered DNA testing of the bloody T-shirt that will now be re-tested again.\u003c/p>\n\u003cp>After Cooper's DNA was found on the shirt, a majority of the appeals court reaffirmed his death sentence. But four members of the court, led by Judge William Fletcher, in 2009 \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2009/05/11/05-99004o.pdf\">issued a blistering dissent\u003c/a>, arguing that the trial court had discounted key evidence — including the presence of a chemical used to preserve blood, which was found in one of the blood samples.\u003c/p>\n\u003cp>That indicated, the dissent stated, that police may have taken a blood sample of Cooper's and sprinkled it on a T-shirt to frame him.\u003c/p>\n\u003cp>Fletcher's dissent stated that there is \"substantial evidence that three white men, rather than Cooper, were the killers. Some of the evidence was introduced at trial. Some of the evidence, even though exculpatory, was deliberately destroyed by the (San Bernardino County Sheriff's Department) and was therefore not available for use at trial. Some of the evidence, even though exculpatory, was concealed from Cooper and therefore not available for use at trial.\"\u003c/p>\n\u003cp>That evidence included the fact that the girlfriend of a convicted murderer, Lee Farrow, told police that Farrow was wearing a T-shirt identical to the bloody shirt found near the murder scene on the day of the killings. But later, when Farrow returned home, the girlfriend said, he was wearing bloody coveralls. She turned those coveralls over to police, and told them that his hatchet was missing. A hatchet was one of the weapons used in the murder.\u003c/p>\n\u003cp>The coveralls were later discarded by police, and were never tested for DNA evidence.\u003c/p>\n\u003cp>In the dissent, Fletcher went one-by-one through all the pieces of physical evidence used to convict Cooper and concluded that in numerous cases it was likely that police planted the evidence to frame Cooper after the fact.\u003c/p>\n\u003cp>\"San Bernardino County Sheriff’s Department investigators were confronted with a horrifying multiple murder, far worse than any that had previously occurred in the county. They had an obvious suspect ... They drew what seemed, at the beginning, a sensible conclusion — that Kevin Cooper, the escaped prisoner, was the murderer,\" he wrote. \"Once (sheriff's) investigators drew that conclusion, they manipulated and planted evidence in order to convict Cooper. In the course of their investigation, they discounted, disregarded, and discarded evidence pointing to other killers.\"\u003c/p>\n\u003cp>Fletcher closed by noting that Cooper has now been on death row for nearly half his life.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"In my opinion, he is probably innocent of the crimes for which the State of California is about to execute him. If he is innocent, the real killers have escaped. They may kill again. They may already have done so. We owe it to the victims of this horrible crime, to Kevin Cooper, and to ourselves to get this one right,\" he wrote.\u003c/p>\n\n","blocks":[],"excerpt":"Kevin Cooper, now on death row, was convicted of the brutal murders in Chino Hills in 1983. But the case attracted national attention after accusations of possible police misconduct.","status":"publish","parent":0,"modified":1550872152,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1134},"headData":{"title":"Gov. Newsom Orders More DNA Testing in 1983 Quadruple Murder Case | KQED","description":"Kevin Cooper, now on death row, was convicted of the brutal murders in Chino Hills in 1983. But the case attracted national attention after accusations of possible police misconduct.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Gov. Newsom Orders More DNA Testing in 1983 Quadruple Murder Case","datePublished":"2019-02-22T18:02:11.000Z","dateModified":"2019-02-22T21:49:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11728050 https://ww2.kqed.org/news/?p=11728050","disqusUrl":"https://ww2.kqed.org/news/2019/02/22/gov-newsom-orders-more-dna-testing-in-1983-quadruple-murder-case/","disqusTitle":"Gov. Newsom Orders More DNA Testing in 1983 Quadruple Murder Case","path":"/news/11728050/gov-newsom-orders-more-dna-testing-in-1983-quadruple-murder-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom is ordering additional testing in a 35-year-old quadruple murder case that's attracted national attention after accusations of possible police misconduct.\u003c/p>\n\u003cp>Kevin Cooper was convicted of the brutal murders of Doug and Peggy Ryen, their 10-year-old daughter Jessica and 11-year-old neighbor Christopher Hughes in the Ryen's home in San Bernardino County's Chino Hills in 1983. Cooper had recently escaped from a minimum security section of a nearby prison where he was serving time for a burglary conviction.\u003c/p>\n\u003cp>But Cooper — who is currently on death row at San Quentin State Prison — has always maintained his innocence, and in recent years courts and outside observers have raised questions about the evidence used to convict Cooper, a black man.\u003c/p>\n\u003cp>Cooper and his supporters say that police planted evidence to frame him and that new technologies unavailable at the time of his trial and appeals could prove that he is not the murderer. They also note that the one surviving witness, an 8 year-old-boy, initially told police that three white men attacked him, then changed his story, and at one point said Cooper was not the murderer.\u003c/p>\n\u003cp>Prosecutors oppose the new testing, noting that Cooper was convicted and exhausted his numerous appeals — and that retesting undertaken in the early 2000s \"conclusively\" establishes his guilt.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Cooper applied for clemency in 2016, prompting the new flurry of activity in his case.\u003c/p>\n\u003cp>On Friday, Newsom overrode prosecutors' objections and ordered new DNA tests on several key pieces of evidence, including hairs collected from the victim's hands and the crime scene, two separate blood samples, fingernail scrapings from the victims and a button found in the house that authorities say the murderer hid out in after killing the victims with a hatchet and knife.\u003c/p>\n\u003cp>\"I have reviewed the record in this case, including information regarding the evidentiary value of additional forensic testing submitted by Mr. Cooper's representatives, and the People, acting through the San Bernardino County District Attorney,\" Newsom wrote in the executive order ordering the new testing.\u003c/p>\n\u003cp>\"I take no position regarding Mr. Cooper's guilt or innocence at this time. Especially in cases where the government seeks to impose the ultimate punishment of death, I need to be satisfied that all relevant evidence is carefully and fairly examined,\" he added.\u003c/p>\n\u003cp>In December, former Gov. Jerry Brown \u003ca href=\"https://www.kqed.org/news/11714673/gov-brown-orders-new-dna-testing-in-1983-murder-case\" target=\"_blank\" rel=\"noopener\">ordered tests\u003c/a> of four other pieces of evidence and appointed a retired Los Angeles Superior Court judge as special master to oversee the unusual case. The testing ordered in December has not yet been conducted.\u003c/p>\n\u003cp>Cooper's attorney, Norman Hiles, said the additional testing and the tests ordered by Brown will all be done through the special master.\u003c/p>\n\u003cp>\"We are extremely pleased and gratified that this has happened quickly,\" Hiles said.\u003c/p>\n\u003cp>But San Bernardino County District Attorney Jason Anderson said he is disappointed by Newsom's decision.\u003c/p>\n\u003cp>\"Unfortunately, over time it seems the victims' desire for justice in this case matters less and less. This office did not feel any additional DNA testing should have been ordered,\" Anderson said in a written statement. \"Prior DNA testing that Mr. Cooper sought, agreed to and claimed would exonerate him have all confirmed Mr. Cooper's guilt and that Mr. Cooper's allegations of evidence tampering were unfounded.\"\u003c/p>\n\u003cp>The case attracted national interest after \u003ca href=\"https://www.nytimes.com/interactive/2018/05/17/opinion/sunday/kevin-cooper-california-death-row.html\">a New York Times columnist undertook an investigation\u003c/a>.\u003c/p>\n\u003cp>Afterwards, U.S. senators Kamala Harris and Dianne Feinstein — and reality television star Kim Kardashian — urged officials to allow re-testing. Harris opposed that re-testing when she was the state attorney general.\u003c/p>\n\u003cp>But it's not just outside observers who have raised questions about the case.\u003c/p>\n\u003cp>In 2004, the Ninth U.S. Circuit Court of Appeals halted Cooper's planned execution and ordered DNA testing of the bloody T-shirt that will now be re-tested again.\u003c/p>\n\u003cp>After Cooper's DNA was found on the shirt, a majority of the appeals court reaffirmed his death sentence. But four members of the court, led by Judge William Fletcher, in 2009 \u003ca href=\"http://cdn.ca9.uscourts.gov/datastore/opinions/2009/05/11/05-99004o.pdf\">issued a blistering dissent\u003c/a>, arguing that the trial court had discounted key evidence — including the presence of a chemical used to preserve blood, which was found in one of the blood samples.\u003c/p>\n\u003cp>That indicated, the dissent stated, that police may have taken a blood sample of Cooper's and sprinkled it on a T-shirt to frame him.\u003c/p>\n\u003cp>Fletcher's dissent stated that there is \"substantial evidence that three white men, rather than Cooper, were the killers. Some of the evidence was introduced at trial. Some of the evidence, even though exculpatory, was deliberately destroyed by the (San Bernardino County Sheriff's Department) and was therefore not available for use at trial. Some of the evidence, even though exculpatory, was concealed from Cooper and therefore not available for use at trial.\"\u003c/p>\n\u003cp>That evidence included the fact that the girlfriend of a convicted murderer, Lee Farrow, told police that Farrow was wearing a T-shirt identical to the bloody shirt found near the murder scene on the day of the killings. But later, when Farrow returned home, the girlfriend said, he was wearing bloody coveralls. She turned those coveralls over to police, and told them that his hatchet was missing. A hatchet was one of the weapons used in the murder.\u003c/p>\n\u003cp>The coveralls were later discarded by police, and were never tested for DNA evidence.\u003c/p>\n\u003cp>In the dissent, Fletcher went one-by-one through all the pieces of physical evidence used to convict Cooper and concluded that in numerous cases it was likely that police planted the evidence to frame Cooper after the fact.\u003c/p>\n\u003cp>\"San Bernardino County Sheriff’s Department investigators were confronted with a horrifying multiple murder, far worse than any that had previously occurred in the county. They had an obvious suspect ... They drew what seemed, at the beginning, a sensible conclusion — that Kevin Cooper, the escaped prisoner, was the murderer,\" he wrote. \"Once (sheriff's) investigators drew that conclusion, they manipulated and planted evidence in order to convict Cooper. In the course of their investigation, they discounted, disregarded, and discarded evidence pointing to other killers.\"\u003c/p>\n\u003cp>Fletcher closed by noting that Cooper has now been on death row for nearly half his life.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"In my opinion, he is probably innocent of the crimes for which the State of California is about to execute him. If he is innocent, the real killers have escaped. They may kill again. They may already have done so. We owe it to the victims of this horrible crime, to Kevin Cooper, and to ourselves to get this one right,\" he wrote.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11728050/gov-newsom-orders-more-dna-testing-in-1983-quadruple-murder-case","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_16","news_24727","news_3574","news_486","news_23"],"featImg":"news_11728131","label":"news_72"},"news_11713590":{"type":"posts","id":"news_11713590","meta":{"index":"posts_1591205157","site":"news","id":"11713590","score":null,"sort":[1545319843000]},"guestAuthors":[],"slug":"remembering-lindsay-mccollum-two-years-after-her-still-unsolved-murder","title":"2 Years After Her Daughter Was Murdered on S.F.'s Streets, Mother Seeks Justice","publishDate":1545319843,"format":"image","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>[dropcap]O[/dropcap]n a cold December night, one week before Christmas Day, 2016, \u003ca href=\"https://www.streetsheet.org/?p=4605\" rel=\"noopener\" target=\"_blank\">Lindsay McCollum\u003c/a> and \u003ca href=\"http://www.streetsheet.org/?p=2858\" rel=\"noopener\" target=\"_blank\">Eddie \"Tennessee\" Tate\u003c/a> were shot and killed on the streets of San Francisco's Mission District.\u003c/p>\n\u003cp>Two years later, their murders remain unsolved.\u003c/p>\n\u003cp>McCollum was 27 years old when she died on the pavement near the corner of 16th and Shotwell. At the time, she and Tennessee were living in a box around a cluster of tents and makeshift shelters that had popped up in the area.\u003c/p>\n\u003cp>McCollum's beloved pit bull, Lily, was found with her, covered in Lindsay's blood.\u003c/p>\n\u003cp>McCollum's mother, Carrie, says time hasn't eased the blow.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It seems to make it worse,\" Carrie McCollum says. \"I think before I was walking around in a fog and now I'm hit with the reality of it all, and the permanence of it.\"\u003c/p>\n\u003cfigure id=\"attachment_11713910\" class=\"wp-caption alignright\" style=\"max-width: 540px\">\u003cimg class=\"size-full wp-image-11713910\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/15977107_1297297986994188_7631958520986208479_n.jpg\" alt=\"\" width=\"540\" height=\"960\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/15977107_1297297986994188_7631958520986208479_n.jpg 540w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/15977107_1297297986994188_7631958520986208479_n-160x284.jpg 160w\" sizes=\"(max-width: 540px) 100vw, 540px\">\u003cfigcaption class=\"wp-caption-text\">Picture board made by Lindsay McCollum's family after her murder in December of 2016. \u003ccite>(Courtesy of the McCollum family)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Throughout her adult life, Lindsay struggled with heroin addiction and mental illness. Carrie says her daughter was living on and off the streets for three years leading up to her death.\u003c/p>\n\u003cp>But she wants people to know that the child she raised in the Central Valley city of Patterson was more than the negative stereotype many people have of an addict or homeless person.\u003c/p>\n\u003cp>\"She was good, she was talented, she was smart, she loved animals,\" Carrie says.\u003c/p>\n\u003cp>Lindsay danced and played piano as a child. She loved to read. At one point, while she was doing well at a substance rehab program in San Francisco called \u003ca href=\"https://www.healthright360.org/agency/walden-house\" rel=\"noopener\" target=\"_blank\">Walden House\u003c/a>, Lindsay led group trips to the library.\u003c/p>\n\u003cp>\"She just lost her way,\" Carrie says. \"But that doesn't mean she deserved what she got.\"\u003c/p>\n\u003cp>Carrie says that like any other person, her daughter deserves justice.\u003c/p>\n\u003cp>This summer, she began \u003ca href=\"https://www.sfchronicle.com/crime/article/Mother-offers-5-000-reward-to-bring-daughter-s-13148122.php#photo-15997820\" rel=\"noopener\" target=\"_blank\">offering a $5,000 reward\u003c/a> for information about Lindsay’s death. She had signs printed and put up on the corner near where Lindsay and Tennessee were shot.\u003c/p>\n\u003cp>\"I felt like we were being forgotten and Lindsay was being forgotten,\" she says.\u003c/p>\n\u003cp>Evangelina Salazar, a long-time friend from the time Lindsay was 13, hung the reward posters in July.\u003c/p>\n\u003cfigure id=\"attachment_11713940\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11713940\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/reward-sign-1-800x755.jpg\" alt=\"\" width=\"800\" height=\"755\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-800x755.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-160x151.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-1020x962.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-1200x1132.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-1920x1811.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lindsay's mother Carrie McCollum is offering a reward for information about her daughter's death. Pictured, poster hung at the corner of 16th and Shotwell on July 25, 2018. \u003ccite>(Peter Arcuni/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"Lindsay did mean a lot to me,\" Salazar says. \"Whenever she was around, everything just got lighter. There was something about her that put people at ease.\"\u003c/p>\n\u003cp>Salazar says nothing can change what happened to her friend, but wants the people responsible for the killings found and brought to justice.\u003c/p>\n\u003cp>\"It doesn't matter if they were [living] on the street,\" she says. \"They just didn't deserve to go that way. Somebody loves them. We love them.\"\u003c/p>\n\u003cp>The San Francisco Police Department confirmed that the case is still open and no arrests have been made.\u003c/p>\n\u003cp>Still, Salazar and Carrie McCollum hold out hope that someday, someone will come forward to shed light on what happened that December night.\u003c/p>\n\u003cp>\"People do remember. It comes to them in moments of clarity,\" Salazar says. \"Any little bit of information helps.\"\u003c/p>\n\u003cp>Carrie and her husband now live in Knoxville, Tennessee. She recently had a memory quilt made from the clothes and dance costumes she saved from Lindsay’s childhood.\u003c/p>\n\u003cfigure id=\"attachment_11713922\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11713922\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/IMG_6328-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Carrie McCollum had a memory quilt made this Fall from clothes she saved from her daughter Lindsay's childhood. \u003ccite>(Courtesy of the McCollum family)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She just got it back a few weeks ago.\u003c/p>\n\u003cp>\"Every little piece of material I could see a flash of her when she was wearing it,\" Carrie says. \"I asked the lady to make it very bright and happy, and she did a great job.\"\u003c/p>\n\u003cp>For the second anniversary of Lindsay’s death, Carrie flew back to California to visit her other daughter, Lindsay's sister — to spend time together and try to get through the day.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>For information concerning the deaths of Lindsay McCollum and Eddie Tate, Lindsay's mother can be contacted at \u003ca href=\"mailto:LindsayMcCollumsMom@gmail.com\" rel=\"noopener\" target=\"_blank\">LindsayMcCollumsMom@gmail.com\u003c/a>.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"On Dec. 18, 2016, Lindsay McCollum and Eddie ‘Tennessee’ Tate were shot and killed while living on the streets of San Francisco's Mission District. Two years later, their murders remain unsolved.","status":"publish","parent":0,"modified":1545332428,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":701},"headData":{"title":"2 Years After Her Daughter Was Murdered on S.F.'s Streets, Mother Seeks Justice | KQED","description":"On Dec. 18, 2016, Lindsay McCollum and Eddie ‘Tennessee’ Tate were shot and killed while living on the streets of San Francisco's Mission District. Two years later, their murders remain unsolved.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"2 Years After Her Daughter Was Murdered on S.F.'s Streets, Mother Seeks Justice","datePublished":"2018-12-20T15:30:43.000Z","dateModified":"2018-12-20T19:00:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11713590 https://ww2.kqed.org/news/?p=11713590","disqusUrl":"https://ww2.kqed.org/news/2018/12/20/remembering-lindsay-mccollum-two-years-after-her-still-unsolved-murder/","disqusTitle":"2 Years After Her Daughter Was Murdered on S.F.'s Streets, Mother Seeks Justice","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/12/ArcuniHomelessMurders.mp3","audioTrackLength":161,"path":"/news/11713590/remembering-lindsay-mccollum-two-years-after-her-still-unsolved-murder","parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">O\u003c/span>\u003c/p>\u003cp>n a cold December night, one week before Christmas Day, 2016, \u003ca href=\"https://www.streetsheet.org/?p=4605\" rel=\"noopener\" target=\"_blank\">Lindsay McCollum\u003c/a> and \u003ca href=\"http://www.streetsheet.org/?p=2858\" rel=\"noopener\" target=\"_blank\">Eddie \"Tennessee\" Tate\u003c/a> were shot and killed on the streets of San Francisco's Mission District.\u003c/p>\n\u003cp>Two years later, their murders remain unsolved.\u003c/p>\n\u003cp>McCollum was 27 years old when she died on the pavement near the corner of 16th and Shotwell. At the time, she and Tennessee were living in a box around a cluster of tents and makeshift shelters that had popped up in the area.\u003c/p>\n\u003cp>McCollum's beloved pit bull, Lily, was found with her, covered in Lindsay's blood.\u003c/p>\n\u003cp>McCollum's mother, Carrie, says time hasn't eased the blow.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It seems to make it worse,\" Carrie McCollum says. \"I think before I was walking around in a fog and now I'm hit with the reality of it all, and the permanence of it.\"\u003c/p>\n\u003cfigure id=\"attachment_11713910\" class=\"wp-caption alignright\" style=\"max-width: 540px\">\u003cimg class=\"size-full wp-image-11713910\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/15977107_1297297986994188_7631958520986208479_n.jpg\" alt=\"\" width=\"540\" height=\"960\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/15977107_1297297986994188_7631958520986208479_n.jpg 540w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/15977107_1297297986994188_7631958520986208479_n-160x284.jpg 160w\" sizes=\"(max-width: 540px) 100vw, 540px\">\u003cfigcaption class=\"wp-caption-text\">Picture board made by Lindsay McCollum's family after her murder in December of 2016. \u003ccite>(Courtesy of the McCollum family)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Throughout her adult life, Lindsay struggled with heroin addiction and mental illness. Carrie says her daughter was living on and off the streets for three years leading up to her death.\u003c/p>\n\u003cp>But she wants people to know that the child she raised in the Central Valley city of Patterson was more than the negative stereotype many people have of an addict or homeless person.\u003c/p>\n\u003cp>\"She was good, she was talented, she was smart, she loved animals,\" Carrie says.\u003c/p>\n\u003cp>Lindsay danced and played piano as a child. She loved to read. At one point, while she was doing well at a substance rehab program in San Francisco called \u003ca href=\"https://www.healthright360.org/agency/walden-house\" rel=\"noopener\" target=\"_blank\">Walden House\u003c/a>, Lindsay led group trips to the library.\u003c/p>\n\u003cp>\"She just lost her way,\" Carrie says. \"But that doesn't mean she deserved what she got.\"\u003c/p>\n\u003cp>Carrie says that like any other person, her daughter deserves justice.\u003c/p>\n\u003cp>This summer, she began \u003ca href=\"https://www.sfchronicle.com/crime/article/Mother-offers-5-000-reward-to-bring-daughter-s-13148122.php#photo-15997820\" rel=\"noopener\" target=\"_blank\">offering a $5,000 reward\u003c/a> for information about Lindsay’s death. She had signs printed and put up on the corner near where Lindsay and Tennessee were shot.\u003c/p>\n\u003cp>\"I felt like we were being forgotten and Lindsay was being forgotten,\" she says.\u003c/p>\n\u003cp>Evangelina Salazar, a long-time friend from the time Lindsay was 13, hung the reward posters in July.\u003c/p>\n\u003cfigure id=\"attachment_11713940\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11713940\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/reward-sign-1-800x755.jpg\" alt=\"\" width=\"800\" height=\"755\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-800x755.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-160x151.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-1020x962.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-1200x1132.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/reward-sign-1-1920x1811.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Lindsay's mother Carrie McCollum is offering a reward for information about her daughter's death. Pictured, poster hung at the corner of 16th and Shotwell on July 25, 2018. \u003ccite>(Peter Arcuni/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"Lindsay did mean a lot to me,\" Salazar says. \"Whenever she was around, everything just got lighter. There was something about her that put people at ease.\"\u003c/p>\n\u003cp>Salazar says nothing can change what happened to her friend, but wants the people responsible for the killings found and brought to justice.\u003c/p>\n\u003cp>\"It doesn't matter if they were [living] on the street,\" she says. \"They just didn't deserve to go that way. Somebody loves them. We love them.\"\u003c/p>\n\u003cp>The San Francisco Police Department confirmed that the case is still open and no arrests have been made.\u003c/p>\n\u003cp>Still, Salazar and Carrie McCollum hold out hope that someday, someone will come forward to shed light on what happened that December night.\u003c/p>\n\u003cp>\"People do remember. It comes to them in moments of clarity,\" Salazar says. \"Any little bit of information helps.\"\u003c/p>\n\u003cp>Carrie and her husband now live in Knoxville, Tennessee. She recently had a memory quilt made from the clothes and dance costumes she saved from Lindsay’s childhood.\u003c/p>\n\u003cfigure id=\"attachment_11713922\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11713922\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/IMG_6328-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-375x281.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/IMG_6328-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Carrie McCollum had a memory quilt made this Fall from clothes she saved from her daughter Lindsay's childhood. \u003ccite>(Courtesy of the McCollum family)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She just got it back a few weeks ago.\u003c/p>\n\u003cp>\"Every little piece of material I could see a flash of her when she was wearing it,\" Carrie says. \"I asked the lady to make it very bright and happy, and she did a great job.\"\u003c/p>\n\u003cp>For the second anniversary of Lindsay’s death, Carrie flew back to California to visit her other daughter, Lindsay's sister — to spend time together and try to get through the day.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>For information concerning the deaths of Lindsay McCollum and Eddie Tate, Lindsay's mother can be contacted at \u003ca href=\"mailto:LindsayMcCollumsMom@gmail.com\" rel=\"noopener\" target=\"_blank\">LindsayMcCollumsMom@gmail.com\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11713590/remembering-lindsay-mccollum-two-years-after-her-still-unsolved-murder","authors":["11368"],"programs":["news_72"],"categories":["news_6266","news_6188","news_8"],"tags":["news_4020","news_2915","news_3574","news_545","news_20037"],"featImg":"news_11713919","label":"news_72"},"news_11685094":{"type":"posts","id":"news_11685094","meta":{"index":"posts_1591205157","site":"news","id":"11685094","score":null,"sort":[1533596293000]},"guestAuthors":[],"slug":"not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law","title":"Not the Killer, But Charged with Murder? Lawmakers Weigh Changing 'Felony Murder' Law","publishDate":1533596293,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Jacque Wilson's life changed on Aug. 5, 2009.\u003c/p>\n\u003cp>\"I always remember that day, because I was at work and I got a call,\" Wilson said. \"My younger brother, the youngest one, Lance, said, 'Neko's been arrested for murder,' and I was like, 'Who’d he kill?' He said, 'I don't think he's killed anyone but he's been arrested for murder.' \"\u003c/p>\n\u003cp>Wilson isn't just any big brother. He has made his life's work defending people accused of crimes at the San Francisco Public Defender's Office. But for the past nine years, he's had a second job of sorts: defending his younger sibling of a killing they both insist Neko Wilson had nothing to do with.\u003c/p>\n\u003cp>Prosecutors disagree. Nine years ago, they charged Neko with first-degree murder — and said they would seek the death penalty.\u003c/p>\n\u003cp>He was one of six people charged in the murders of a Fresno couple killed during a robbery of a marijuana grow. It's a killing that prosecutors contend Neko helped to plan.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>They're now seeking life without parole, not the death penalty, but Jacque Wilson insists his brother wasn’t even at the robbery and had no involvement in the killing.\u003c/p>\n\u003cp>The Wilsons have spent nearly a decade fighting the charge, which, unusually, still has not gone to trial. In those nine years, Neko has missed out on a lot. His daughter is now 12. His dad is now 83.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I think, like most Californians, it never occurred to me that you could get a life without parole sentence for having, in effect, nothing to do with the murder.'\u003ccite>State Sen. Nancy Skinner\u003c/cite>\u003c/aside>\n\u003cp>\"I remember when my father turned 75 and Neko wasn't there. I remember all the holidays that he's not there. When we go on any fishing trip, or when I spend time with my dad,\" Jacque said. \"It's just a huge, huge void in all of our lives.\"\u003c/p>\n\u003cp>So, when he’s not at the public defender’s office, Jacque lives and breathes the case, which could finally go to trial next year. But he has also received new hope by way of a bill currently making its way through the state Legislature.\u003c/p>\n\u003cp>Democratic State Sen. Nancy Skinner authored legislation, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1437\">Senate Bill 1437\u003c/a>, which would narrow California law so only someone who had direct involvement in a murder or planning of a murder could be charged with murder.\u003c/p>\n\u003cp>Skinner's proposal seeks to change a legal principle that dates back to British common law days — but has since been repealed in England, Canada and other common law countries, and more recently in a handful of U.S. states.\u003c/p>\n\u003cp>\"I think, like most Californians, it never occurred to me that you could get a life without parole sentence for having, in effect, nothing to do with the murder,\" she said.\u003c/p>\n\u003cp>The idea behind felony murder is that someone who participates in a crime that results in a person's death is just as culpable as the actual killer. Prosecutors argue this acts as a deterrent, and someone who participates in a robbery that turns deadly should be held responsible for the violence.\u003c/p>\n\u003cp>But critics point to cases where accomplices received harsher sentences than killers who struck plea deals. In some cases, the felony murder rule has been used to \u003ca href=\"https://www.chicagoreader.com/chicago/felony-murder-police-shooting-investigation/Content?oid=23200575\">charge criminal accomplices with murder\u003c/a> when police actually pulled the trigger. In others, robbers have been charged with murder when \u003ca href=\"https://www.themarshallproject.org/2015/09/24/a-person-can-be-charged-with-murder-even-if-they-haven-t-killed-anyone\">the victim of the underlying crime\u003c/a> was the shooter.\u003cbr>\n\u003cb>\u003c/b>\u003c/p>\n\u003cp>Skinner says the law isn’t just unfair — it’s also unevenly applied to men of color and often to women. She says of the approximately 170 women serving life sentences in the state, \"80 percent of them did not commit murder.\"\u003c/p>\n\u003cp>She said her proposal would still let authorities hold people responsible, but only if they are directly involved in the actual killing.\u003c/p>\n\u003cp>\"You don't necessarily have to be the murderer. If you planned it, if you directed it, if you paid for the murder, then of course you can be charged with felony murder,\" Skinner said. \"But if you were just around or near when a murder occurred — or not even present, but just had an association with the folks who committed that murder — it would be far less likely, if not impossible, for you to be charged with felony murder under my bill.\"\u003c/p>\n\u003cp>But SB 1437 wouldn't just impact pending cases like Neko Wilson's. It would be applied retroactively and allow an estimated 800 current inmates to challenge their murder convictions through a new resentencing hearing.\u003c/p>\n\u003cp>Allowing people to challenge previous convictions is at the heart of the opposition from many law enforcement groups, including the powerful California District Attorneys Association. In comments to lawmakers, the association wrote that in cases where inmates made plea deals, there's no court record \"to determine the exact level of participation in the crime,\" and that \"virtually all participants in murders may qualify for relief to which they may not be entitled.\"\u003c/p>\n\u003cp>Unlike some criminal sentencing reforms that prosecutors see as nonstarters, however, this proposal has at least brought both sides to the table.\u003c/p>\n\u003cp>Take Sacramento County District Attorney Anne Marie Schubert, who has been \u003ca href=\"https://www.kqed.org/news/11081078/gov-brown-sees-prop-57-as-key-to-ending-court-prison-oversight\">vocal in her criticism\u003c/a> of some other recent criminal justice changes.\u003c/p>\n\u003cp>Schubert called the felony murder law \"a very harsh rule\" and said while she wants to see some tweaks to the bill, \"I do agree that there’s area for reform.\"\u003c/p>\n\u003cp>The bill already has passed the Senate and must clear the Assembly by the end of August.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If it passes and is signed by Gov. Jerry Brown, Jacque Wilson hopes that the murder charges against his brother will be dropped.\u003c/p>\n\n","blocks":[],"excerpt":"A bill to reform the statute — which allows prosecutors to charge accomplices with murder — could let hundreds of California inmates challenge their sentences.","status":"publish","parent":0,"modified":1533600598,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":974},"headData":{"title":"Not the Killer, But Charged with Murder? Lawmakers Weigh Changing 'Felony Murder' Law | KQED","description":"A bill to reform the statute — which allows prosecutors to charge accomplices with murder — could let hundreds of California inmates challenge their sentences.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Not the Killer, But Charged with Murder? Lawmakers Weigh Changing 'Felony Murder' Law","datePublished":"2018-08-06T22:58:13.000Z","dateModified":"2018-08-07T00:09:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11685094 https://ww2.kqed.org/news/?p=11685094","disqusUrl":"https://ww2.kqed.org/news/2018/08/06/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law/","disqusTitle":"Not the Killer, But Charged with Murder? Lawmakers Weigh Changing 'Felony Murder' Law","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2018/08/TCRAM20180806LagosFelonyMurder.mp3","audioTrackLength":228,"path":"/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law","audioDuration":244000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Jacque Wilson's life changed on Aug. 5, 2009.\u003c/p>\n\u003cp>\"I always remember that day, because I was at work and I got a call,\" Wilson said. \"My younger brother, the youngest one, Lance, said, 'Neko's been arrested for murder,' and I was like, 'Who’d he kill?' He said, 'I don't think he's killed anyone but he's been arrested for murder.' \"\u003c/p>\n\u003cp>Wilson isn't just any big brother. He has made his life's work defending people accused of crimes at the San Francisco Public Defender's Office. But for the past nine years, he's had a second job of sorts: defending his younger sibling of a killing they both insist Neko Wilson had nothing to do with.\u003c/p>\n\u003cp>Prosecutors disagree. Nine years ago, they charged Neko with first-degree murder — and said they would seek the death penalty.\u003c/p>\n\u003cp>He was one of six people charged in the murders of a Fresno couple killed during a robbery of a marijuana grow. It's a killing that prosecutors contend Neko helped to plan.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>They're now seeking life without parole, not the death penalty, but Jacque Wilson insists his brother wasn’t even at the robbery and had no involvement in the killing.\u003c/p>\n\u003cp>The Wilsons have spent nearly a decade fighting the charge, which, unusually, still has not gone to trial. In those nine years, Neko has missed out on a lot. His daughter is now 12. His dad is now 83.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I think, like most Californians, it never occurred to me that you could get a life without parole sentence for having, in effect, nothing to do with the murder.'\u003ccite>State Sen. Nancy Skinner\u003c/cite>\u003c/aside>\n\u003cp>\"I remember when my father turned 75 and Neko wasn't there. I remember all the holidays that he's not there. When we go on any fishing trip, or when I spend time with my dad,\" Jacque said. \"It's just a huge, huge void in all of our lives.\"\u003c/p>\n\u003cp>So, when he’s not at the public defender’s office, Jacque lives and breathes the case, which could finally go to trial next year. But he has also received new hope by way of a bill currently making its way through the state Legislature.\u003c/p>\n\u003cp>Democratic State Sen. Nancy Skinner authored legislation, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1437\">Senate Bill 1437\u003c/a>, which would narrow California law so only someone who had direct involvement in a murder or planning of a murder could be charged with murder.\u003c/p>\n\u003cp>Skinner's proposal seeks to change a legal principle that dates back to British common law days — but has since been repealed in England, Canada and other common law countries, and more recently in a handful of U.S. states.\u003c/p>\n\u003cp>\"I think, like most Californians, it never occurred to me that you could get a life without parole sentence for having, in effect, nothing to do with the murder,\" she said.\u003c/p>\n\u003cp>The idea behind felony murder is that someone who participates in a crime that results in a person's death is just as culpable as the actual killer. Prosecutors argue this acts as a deterrent, and someone who participates in a robbery that turns deadly should be held responsible for the violence.\u003c/p>\n\u003cp>But critics point to cases where accomplices received harsher sentences than killers who struck plea deals. In some cases, the felony murder rule has been used to \u003ca href=\"https://www.chicagoreader.com/chicago/felony-murder-police-shooting-investigation/Content?oid=23200575\">charge criminal accomplices with murder\u003c/a> when police actually pulled the trigger. In others, robbers have been charged with murder when \u003ca href=\"https://www.themarshallproject.org/2015/09/24/a-person-can-be-charged-with-murder-even-if-they-haven-t-killed-anyone\">the victim of the underlying crime\u003c/a> was the shooter.\u003cbr>\n\u003cb>\u003c/b>\u003c/p>\n\u003cp>Skinner says the law isn’t just unfair — it’s also unevenly applied to men of color and often to women. She says of the approximately 170 women serving life sentences in the state, \"80 percent of them did not commit murder.\"\u003c/p>\n\u003cp>She said her proposal would still let authorities hold people responsible, but only if they are directly involved in the actual killing.\u003c/p>\n\u003cp>\"You don't necessarily have to be the murderer. If you planned it, if you directed it, if you paid for the murder, then of course you can be charged with felony murder,\" Skinner said. \"But if you were just around or near when a murder occurred — or not even present, but just had an association with the folks who committed that murder — it would be far less likely, if not impossible, for you to be charged with felony murder under my bill.\"\u003c/p>\n\u003cp>But SB 1437 wouldn't just impact pending cases like Neko Wilson's. It would be applied retroactively and allow an estimated 800 current inmates to challenge their murder convictions through a new resentencing hearing.\u003c/p>\n\u003cp>Allowing people to challenge previous convictions is at the heart of the opposition from many law enforcement groups, including the powerful California District Attorneys Association. In comments to lawmakers, the association wrote that in cases where inmates made plea deals, there's no court record \"to determine the exact level of participation in the crime,\" and that \"virtually all participants in murders may qualify for relief to which they may not be entitled.\"\u003c/p>\n\u003cp>Unlike some criminal sentencing reforms that prosecutors see as nonstarters, however, this proposal has at least brought both sides to the table.\u003c/p>\n\u003cp>Take Sacramento County District Attorney Anne Marie Schubert, who has been \u003ca href=\"https://www.kqed.org/news/11081078/gov-brown-sees-prop-57-as-key-to-ending-court-prison-oversight\">vocal in her criticism\u003c/a> of some other recent criminal justice changes.\u003c/p>\n\u003cp>Schubert called the felony murder law \"a very harsh rule\" and said while she wants to see some tweaks to the bill, \"I do agree that there’s area for reform.\"\u003c/p>\n\u003cp>The bill already has passed the Senate and must clear the Assembly by the end of August.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>If it passes and is signed by Gov. Jerry Brown, Jacque Wilson hopes that the murder charges against his brother will be dropped.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11685094/not-the-killer-but-charged-with-murder-lawmakers-weigh-changing-felony-murder-law","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_22276","news_23883","news_3574","news_3673","news_23882"],"featImg":"news_11685283","label":"news_72"},"news_11642662":{"type":"posts","id":"news_11642662","meta":{"index":"posts_1591205157","site":"news","id":"11642662","score":null,"sort":[1516298139000]},"guestAuthors":[],"slug":"investigators-determining-whether-murder-in-orange-county-was-a-hate-crime","title":"Investigators Determining Whether Murder in Orange County Was a Hate Crime","publishDate":1516298139,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A former high school classmate of a University of Pennsylvania student, who was found stabbed and buried in a park in Orange County, was charged Wednesday with murder and investigators were looking for evidence of a hate crime, a prosecutor said.\u003c/p>\n\u003cp>Samuel Woodward, 20, killed 19-year-old Blaze Bernstein with a knife, prosecutors said, while the college sophomore was visiting his parents in Lake Forest on winter break.\u003c/p>\n\u003cp>\"We're continuing to search for evidence that might support special-circumstances allegations,\" District Attorney Tony Rackauckus said at a news conference. He said prosecutors were still trying to determine a motive for the killing and looking into whether it was a hate crime.\u003c/p>\n\u003cp>\"This is a senseless murder of a young man who possessed a combination of a high-caliber mind and the heart of a poet,\" Rackauckus said.\u003c/p>\n\u003cp>Authorities said Woodward picked up Bernstein at his parents' home in Lake Forest around 11 p.m. on Jan. 2 and took him to a neighborhood park. His body was found in a shallow grave there a week later.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bernstein's parents have said the killing may have been a hate crime against their gay son. According to a court filing obtained by the Orange County Register, Woodward told investigators that he became angry after Bernstein kissed him the night they went to the park.\u003c/p>\n\u003cp>Woodward appeared in court Wednesday in an orange jail jumpsuit but did not enter a plea. He was ordered held without bail until his arraignment on Feb. 2.\u003c/p>\n\u003cp>If convicted of murder and an allegation he used a deadly weapon, Woodward could face as much as 26 years to life in prison.\u003c/p>\n\u003cp>Woodward's parents held hands and sat with a Catholic priest who is a long-time friend of the family. Other church members also attended the brief hearing.\u003c/p>\n\u003cp>\"This is a tragedy,\" defense attorney Edward Munoz said later to reporters. He said his heart goes out to Bernstein family and that the Woodward family is in shock.\u003c/p>\n\u003cp>\"This young man I'm representing was an Eagle Scout and now he's facing murder,\" Munoz said.\u003c/p>\n\u003cp>The district attorney said the two young men had both attended the Orange County School of the Arts but he did not know if they were friends at the time.\u003c/p>\n\u003cp>Woodward communicated with Bernstein via Snapchat on Jan. 2 and then picked him up in a vehicle, Rackauckus said.\u003c/p>\n\u003cp>Bernstein's parents reported him missing the following day. Authorities searched for nearly a week with help from drone pilots. His body was found in brush surrounding the park after rains partially exposed it.\u003c/p>\n\u003cp>The time and place of the killing remained under investigation. Investigators said Woodward had abrasions, scratches and dirt on his hands and was seen during surveillance cleaning his vehicle, Rackauckus said.\u003c/p>\n\u003cp>The district attorney also said Bernstein's DNA was found on property held by Woodward but would not provide additional details.\u003c/p>\n\u003cp>Bernstein had been studying psychology and was recently chosen to edit a campus culinary magazine. Hundreds of people attended a candlelight vigil and his funeral.\u003c/p>\n\u003cp>\"There is still much discovery to be done and if it is determined that this was a hate crime, we will cry not only for our son, but for LGBTQ people everywhere that live in fear or who have been victims of hate crimes,\" Bernstein's family said in a statement earlier this week.\u003c/p>\n\u003cp>In the days after Bernstein disappeared, Woodward attended Mass at his family's parish church in Newport Beach and took communion, said Msgr. Wilbur Davis, who attended the court hearing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Both sides are in pain,\" he said. \"Our heart goes out to all those who suffer, for whatever reason.\"\u003c/p>\n\n","blocks":[],"excerpt":"Investigators say they are looking into whether the motive for the murder was a hate crime. ","status":"publish","parent":0,"modified":1516300604,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":616},"headData":{"title":"Investigators Determining Whether Murder in Orange County Was a Hate Crime | KQED","description":"Investigators say they are looking into whether the motive for the murder was a hate crime. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Investigators Determining Whether Murder in Orange County Was a Hate Crime","datePublished":"2018-01-18T17:55:39.000Z","dateModified":"2018-01-18T18:36:44.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11642662 https://ww2.kqed.org/news/?p=11642662","disqusUrl":"https://ww2.kqed.org/news/2018/01/18/investigators-determining-whether-murder-in-orange-county-was-a-hate-crime/","disqusTitle":"Investigators Determining Whether Murder in Orange County Was a Hate Crime","nprByline":"\u003cstrong/>Amy Taxin\u003c/strong>\u003cbr/>Associated Press\u003c/br>","path":"/news/11642662/investigators-determining-whether-murder-in-orange-county-was-a-hate-crime","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A former high school classmate of a University of Pennsylvania student, who was found stabbed and buried in a park in Orange County, was charged Wednesday with murder and investigators were looking for evidence of a hate crime, a prosecutor said.\u003c/p>\n\u003cp>Samuel Woodward, 20, killed 19-year-old Blaze Bernstein with a knife, prosecutors said, while the college sophomore was visiting his parents in Lake Forest on winter break.\u003c/p>\n\u003cp>\"We're continuing to search for evidence that might support special-circumstances allegations,\" District Attorney Tony Rackauckus said at a news conference. He said prosecutors were still trying to determine a motive for the killing and looking into whether it was a hate crime.\u003c/p>\n\u003cp>\"This is a senseless murder of a young man who possessed a combination of a high-caliber mind and the heart of a poet,\" Rackauckus said.\u003c/p>\n\u003cp>Authorities said Woodward picked up Bernstein at his parents' home in Lake Forest around 11 p.m. on Jan. 2 and took him to a neighborhood park. His body was found in a shallow grave there a week later.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bernstein's parents have said the killing may have been a hate crime against their gay son. According to a court filing obtained by the Orange County Register, Woodward told investigators that he became angry after Bernstein kissed him the night they went to the park.\u003c/p>\n\u003cp>Woodward appeared in court Wednesday in an orange jail jumpsuit but did not enter a plea. He was ordered held without bail until his arraignment on Feb. 2.\u003c/p>\n\u003cp>If convicted of murder and an allegation he used a deadly weapon, Woodward could face as much as 26 years to life in prison.\u003c/p>\n\u003cp>Woodward's parents held hands and sat with a Catholic priest who is a long-time friend of the family. Other church members also attended the brief hearing.\u003c/p>\n\u003cp>\"This is a tragedy,\" defense attorney Edward Munoz said later to reporters. He said his heart goes out to Bernstein family and that the Woodward family is in shock.\u003c/p>\n\u003cp>\"This young man I'm representing was an Eagle Scout and now he's facing murder,\" Munoz said.\u003c/p>\n\u003cp>The district attorney said the two young men had both attended the Orange County School of the Arts but he did not know if they were friends at the time.\u003c/p>\n\u003cp>Woodward communicated with Bernstein via Snapchat on Jan. 2 and then picked him up in a vehicle, Rackauckus said.\u003c/p>\n\u003cp>Bernstein's parents reported him missing the following day. Authorities searched for nearly a week with help from drone pilots. His body was found in brush surrounding the park after rains partially exposed it.\u003c/p>\n\u003cp>The time and place of the killing remained under investigation. Investigators said Woodward had abrasions, scratches and dirt on his hands and was seen during surveillance cleaning his vehicle, Rackauckus said.\u003c/p>\n\u003cp>The district attorney also said Bernstein's DNA was found on property held by Woodward but would not provide additional details.\u003c/p>\n\u003cp>Bernstein had been studying psychology and was recently chosen to edit a campus culinary magazine. Hundreds of people attended a candlelight vigil and his funeral.\u003c/p>\n\u003cp>\"There is still much discovery to be done and if it is determined that this was a hate crime, we will cry not only for our son, but for LGBTQ people everywhere that live in fear or who have been victims of hate crimes,\" Bernstein's family said in a statement earlier this week.\u003c/p>\n\u003cp>In the days after Bernstein disappeared, Woodward attended Mass at his family's parish church in Newport Beach and took communion, said Msgr. Wilbur Davis, who attended the court hearing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Both sides are in pain,\" he said. \"Our heart goes out to all those who suffer, for whatever reason.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11642662/investigators-determining-whether-murder-in-orange-county-was-a-hate-crime","authors":["byline_news_11642662"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_5660","news_20004","news_3574","news_17286"],"featImg":"news_11642663","label":"news_72"},"news_10668509":{"type":"posts","id":"news_10668509","meta":{"index":"posts_1591205157","site":"news","id":"10668509","score":null,"sort":[1441397242000]},"guestAuthors":[],"slug":"accused-pier-14-shooter-to-face-murder-charges-at-trial","title":"Accused Pier 14 Shooter to Face Murder Charges at Trial","publishDate":1441397242,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Was Kathryn Steinle's accused killer Juan Francisco Lopez-Sanchez \"playing his own game of Russian Roulette\" as he sat spinning in a metallic chair on San Francisco's Pier 14, or was the July 1 shooting of the 31-year-old woman a \"freak accident\" at the hands of a destitute homeless man investigating an unknown object he found wrapped in cloth on the pier?\u003c/p>\n\u003cp>San Francisco Superior Court Judge Brendan Conroy ruled Friday that there is sufficient evidence to let a jury decide whether Lopez-Sanchez is guilty of second-degree murder. The shooting has sparked a national \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\" target=\"_blank\">debate on immigration enforcement\u003c/a>, but those politics are not in play at Lopez-Sanchez's criminal proceedings, which have focused on whether he intended to shoot someone or instead fired accidentally.\u003c/p>\n\u003cp>Prosecutor Diana Garcia reiterated to the court Friday morning that Lopez-Sanchez \"knew he had a gun. He described it to police as a semi-automatic. He said he intentionally fired it once.\"\u003c/p>\n\u003cp>She referenced a photo taken at 6:24 p.m. July 1 appearing to show Lopez-Sanchez facing where Steinle would be fatally wounded approximately six minutes later.\u003c/p>\n\u003cp>\"He's already pegged his target,\" Garcia said. \"He has a 360-degree choice of where to fire the gun.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"This was no accident,\" she added. \"There were people all around him. ... Intentionally firing that gun anywhere in that area was an act that was dangerous to human life.\"\u003c/p>\n\u003cp>Lopez-Sanchez's lead defense counsel, San Francisco public defender's Chief Attorney Matt Gonzalez, has argued since he first learned of the case that the shooting seemed accidental, which would make an involuntary manslaughter charge more appropriate.\u003c/p>\n\u003cp>He said evidence brought out during Lopez-Sanchez's weeklong preliminary hearing only bolstered that theory. He cited testimony from ballistics experts that the single shot ricocheted off the concrete pier about 12 feet in front of Lopez, then traveled another 78 feet before hitting Steinle.\u003c/p>\n\u003cp>Gonzalez said that the prosecution is relying on one of two theories that could breach the threshold of proof for a second-degree murder conviction: Either Lopez-Sanchez intentionally targeted Steinle and wanted to kill her, or he was so reckless that he should have known his behavior was likely to kill someone.\u003c/p>\n\u003cp>\"It's far more likely to be a complete accident,\" Gonzalez said, presenting a theory that Lopez-Sanchez discovered an unknown heavy object wrapped in a T-shirt while he was sitting on the pier, and the .40-caliber \u003ca href=\"http://www.sigsauer.com/CatalogProductDetails/p239.aspx\" target=\"_blank\">SIG Sauer P239\u003c/a> handgun went off as he was unwrapping it. Gonzalez described the gun as having no safety.\u003c/p>\n\u003cp>A firearms expert, speaking not for attribution, said the handgun doesn't have a traditional safety, with an on and off position. But if the gun is not cocked, it would take 10 to 20 pounds of pressure to fire it, versus 4 to 5 pounds of pressure if it's in the cocked position.\u003c/p>\n\u003cp>Gonzalez said it makes sense that Lopez-Sanchez would pick up and unwrap a bundle others wouldn't touch.\u003c/p>\n\u003cp>\"He has nothing,\" Gonzalez said. \"He's got cracker crumbs in his pocket and some cigarette butts. He's going to look at things that are discarded that you and I are going to walk right by. ... He's actually the one person on that pier that would have looked at an item discarded on the ground or covered up or wrapped up in something.\"\u003c/p>\n\u003cp>Earlier this week, Steinle's family \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/family-of-kate-steinle-files-legal-claims-against-s-f-sheriff-feds\" target=\"_blank\">filed three civil claims\u003c/a> over their daughter's death. They're pursuing legal action against Immigration and Customs Enforcement and the San Francisco Sheriff's Department for failing to deport Lopez-Sanchez prior to his release from San Francisco County Jail in April.\u003c/p>\n\u003cp>They are also suing the federal Bureau of Land Management, alleging a ranger failed to properly secure the handgun when it was stolen from his car parked in San Francisco four days before Steinle was shot.\u003c/p>\n\u003cp>His defense team said there is no evidence Lopez-Sanchez stole the gun or ever had possession of it before the evening of July 1.\u003c/p>\n\u003cp>\"He's never committed a theft; that's not who he is,\" Gonzalez said. \"He has nothing. If he found this gun, if somebody gave him this gun, well, what would he do with it? He would probably try to trade it for something or sell it, or who knows what? But there's no evidence that there was ever an effort to commit a crime with it. There's no evidence that he ever showed it to anybody, that he tried to offer it for sale.\"\u003c/p>\n\u003cp>Prosecutor Garcia didn't dwell on how Lopez-Sanchez may have gained possession of the gun.\u003c/p>\n\u003cp>\"He had in his hands an instrument of death, and he chose to use it,\" she told the judge. \"He took the life of a young, vibrant, cherished woman.\"\u003c/p>\n\u003cp>Gonzalez said a second-degree murder conviction would likely result in a sentence of 43 years to life for Lopez-Sanchez. That's 15 years to life, plus a 25-year gun enhancement, and three years for Lopez-Sanchez's prior nonviolent convictions.\u003c/p>\n\u003cp>An involuntary manslaughter conviction, which a jury will still be allowed to consider, would carry a base sentence of four, five or six years, depending on aggravating and mitigating circumstances. Then add 10 years for a gun enhancement, plus three prison priors, and an involuntary manslaughter conviction could carry a term of 15, 17 or 19 years, Gonzalez said.\u003c/p>\n\u003cp>\"We're very confident that there's sufficient evidence to prove the crime, and we look forward to trial and providing justice ultimately for Kate and her family,\" district attorney spokesman Max Szabo said after the hearing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lopez-Sanchez is scheduled to be back in court Sept. 18 for a procedural hearing. His jury trial has not yet been scheduled.\u003c/p>\n\n","blocks":[],"excerpt":"Defense says shooting was accidental, and jury will be also allowed to consider a manslaughter charge.","status":"publish","parent":0,"modified":1441402092,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":981},"headData":{"title":"Accused Pier 14 Shooter to Face Murder Charges at Trial | KQED","description":"Defense says shooting was accidental, and jury will be also allowed to consider a manslaughter charge.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Accused Pier 14 Shooter to Face Murder Charges at Trial","datePublished":"2015-09-04T20:07:22.000Z","dateModified":"2015-09-04T21:28:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10668509 http://ww2.kqed.org/news/?p=10668509","disqusUrl":"https://ww2.kqed.org/news/2015/09/04/accused-pier-14-shooter-to-face-murder-charges-at-trial/","disqusTitle":"Accused Pier 14 Shooter to Face Murder Charges at Trial","path":"/news/10668509/accused-pier-14-shooter-to-face-murder-charges-at-trial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Was Kathryn Steinle's accused killer Juan Francisco Lopez-Sanchez \"playing his own game of Russian Roulette\" as he sat spinning in a metallic chair on San Francisco's Pier 14, or was the July 1 shooting of the 31-year-old woman a \"freak accident\" at the hands of a destitute homeless man investigating an unknown object he found wrapped in cloth on the pier?\u003c/p>\n\u003cp>San Francisco Superior Court Judge Brendan Conroy ruled Friday that there is sufficient evidence to let a jury decide whether Lopez-Sanchez is guilty of second-degree murder. The shooting has sparked a national \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\" target=\"_blank\">debate on immigration enforcement\u003c/a>, but those politics are not in play at Lopez-Sanchez's criminal proceedings, which have focused on whether he intended to shoot someone or instead fired accidentally.\u003c/p>\n\u003cp>Prosecutor Diana Garcia reiterated to the court Friday morning that Lopez-Sanchez \"knew he had a gun. He described it to police as a semi-automatic. He said he intentionally fired it once.\"\u003c/p>\n\u003cp>She referenced a photo taken at 6:24 p.m. July 1 appearing to show Lopez-Sanchez facing where Steinle would be fatally wounded approximately six minutes later.\u003c/p>\n\u003cp>\"He's already pegged his target,\" Garcia said. \"He has a 360-degree choice of where to fire the gun.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"This was no accident,\" she added. \"There were people all around him. ... Intentionally firing that gun anywhere in that area was an act that was dangerous to human life.\"\u003c/p>\n\u003cp>Lopez-Sanchez's lead defense counsel, San Francisco public defender's Chief Attorney Matt Gonzalez, has argued since he first learned of the case that the shooting seemed accidental, which would make an involuntary manslaughter charge more appropriate.\u003c/p>\n\u003cp>He said evidence brought out during Lopez-Sanchez's weeklong preliminary hearing only bolstered that theory. He cited testimony from ballistics experts that the single shot ricocheted off the concrete pier about 12 feet in front of Lopez, then traveled another 78 feet before hitting Steinle.\u003c/p>\n\u003cp>Gonzalez said that the prosecution is relying on one of two theories that could breach the threshold of proof for a second-degree murder conviction: Either Lopez-Sanchez intentionally targeted Steinle and wanted to kill her, or he was so reckless that he should have known his behavior was likely to kill someone.\u003c/p>\n\u003cp>\"It's far more likely to be a complete accident,\" Gonzalez said, presenting a theory that Lopez-Sanchez discovered an unknown heavy object wrapped in a T-shirt while he was sitting on the pier, and the .40-caliber \u003ca href=\"http://www.sigsauer.com/CatalogProductDetails/p239.aspx\" target=\"_blank\">SIG Sauer P239\u003c/a> handgun went off as he was unwrapping it. Gonzalez described the gun as having no safety.\u003c/p>\n\u003cp>A firearms expert, speaking not for attribution, said the handgun doesn't have a traditional safety, with an on and off position. But if the gun is not cocked, it would take 10 to 20 pounds of pressure to fire it, versus 4 to 5 pounds of pressure if it's in the cocked position.\u003c/p>\n\u003cp>Gonzalez said it makes sense that Lopez-Sanchez would pick up and unwrap a bundle others wouldn't touch.\u003c/p>\n\u003cp>\"He has nothing,\" Gonzalez said. \"He's got cracker crumbs in his pocket and some cigarette butts. He's going to look at things that are discarded that you and I are going to walk right by. ... He's actually the one person on that pier that would have looked at an item discarded on the ground or covered up or wrapped up in something.\"\u003c/p>\n\u003cp>Earlier this week, Steinle's family \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/family-of-kate-steinle-files-legal-claims-against-s-f-sheriff-feds\" target=\"_blank\">filed three civil claims\u003c/a> over their daughter's death. They're pursuing legal action against Immigration and Customs Enforcement and the San Francisco Sheriff's Department for failing to deport Lopez-Sanchez prior to his release from San Francisco County Jail in April.\u003c/p>\n\u003cp>They are also suing the federal Bureau of Land Management, alleging a ranger failed to properly secure the handgun when it was stolen from his car parked in San Francisco four days before Steinle was shot.\u003c/p>\n\u003cp>His defense team said there is no evidence Lopez-Sanchez stole the gun or ever had possession of it before the evening of July 1.\u003c/p>\n\u003cp>\"He's never committed a theft; that's not who he is,\" Gonzalez said. \"He has nothing. If he found this gun, if somebody gave him this gun, well, what would he do with it? He would probably try to trade it for something or sell it, or who knows what? But there's no evidence that there was ever an effort to commit a crime with it. There's no evidence that he ever showed it to anybody, that he tried to offer it for sale.\"\u003c/p>\n\u003cp>Prosecutor Garcia didn't dwell on how Lopez-Sanchez may have gained possession of the gun.\u003c/p>\n\u003cp>\"He had in his hands an instrument of death, and he chose to use it,\" she told the judge. \"He took the life of a young, vibrant, cherished woman.\"\u003c/p>\n\u003cp>Gonzalez said a second-degree murder conviction would likely result in a sentence of 43 years to life for Lopez-Sanchez. That's 15 years to life, plus a 25-year gun enhancement, and three years for Lopez-Sanchez's prior nonviolent convictions.\u003c/p>\n\u003cp>An involuntary manslaughter conviction, which a jury will still be allowed to consider, would carry a base sentence of four, five or six years, depending on aggravating and mitigating circumstances. Then add 10 years for a gun enhancement, plus three prison priors, and an involuntary manslaughter conviction could carry a term of 15, 17 or 19 years, Gonzalez said.\u003c/p>\n\u003cp>\"We're very confident that there's sufficient evidence to prove the crime, and we look forward to trial and providing justice ultimately for Kate and her family,\" district attorney spokesman Max Szabo said after the hearing.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lopez-Sanchez is scheduled to be back in court Sept. 18 for a procedural hearing. His jury trial has not yet been scheduled.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10668509/accused-pier-14-shooter-to-face-murder-charges-at-trial","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_18310","news_18308","news_2609","news_3574"],"featImg":"news_10668511","label":"news_6944"},"news_90979":{"type":"posts","id":"news_90979","meta":{"index":"posts_1591205157","site":"news","id":"90979","score":null,"sort":[1362773830000]},"guestAuthors":[],"slug":"bay-area-counties-rank-high-in-california-youth-homicide-rates","title":"Bay Area Counties Rank High in California Youth Homicide Rates","publishDate":1362773830,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>A new \u003ca href=\"http://www.vpc.org/press/1303ca.htm\" target=\"_blank\">statewide study\u003c/a> reports seven counties in and around the Bay Area among the top 10 statewide in youth homicide rates. In its third annual review the Washington, D.C.-based Violence Policy Center says firearms, usually handguns, are the weapon most commonly used in the homicide of young people, defined as youth ages 10-24.\u003c/p>\n\u003cp>California's overall youth homicide rate is 7.87 per 100,000. But the number one county, San Joaquin, has a rate nearly triple that statewide average. Here are the top ten counties, including their youth homicide rates:\u003c/p>\n\u003cp style=\"padding-left: 30px\">1) San Joaquin County, 21.29 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">2) San Francisco County, 18.04 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">3) Monterey County, 16.96 per 100,000\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp style=\"padding-left: 30px\">4) Alameda County, 16.82 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">5) Contra Costa County, 14.74 per 100,000\u003c!--more-->\u003c/p>\n\u003cp style=\"padding-left: 30px\">6) Solano County, 13.71 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">7) Tulare County, 13.43 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">8) Stanislaus County, 9.92 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">9) Los Angeles County, 9.55 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">10) Santa Cruz County, 9.40 per 100,000\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In its report, the Violence Policy Center for the first time includes a \"\u003ca href=\"http://www.vpc.org/studies/cayouth2013.pdf\" target=\"_blank\">What Works\u003c/a>\" section where it profiles three prevention programs it says have been successful in preventing youth violence. The programs are based in Oakland, Salinas and Los Angeles.\u003c/p>\n\n","blocks":[],"excerpt":"A new statewide study reports seven counties in and around the Bay Area among the top 10 statewide in youth homicide rates. In its third annual review the Washington, D.C.-based Violence Policy Center says firearms, usually handguns, are the weapon most commonly used in the homicide of young people, defined as youth ages 10-24.","status":"publish","parent":0,"modified":1398475097,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":224},"headData":{"title":"Bay Area Counties Rank High in California Youth Homicide Rates | KQED","description":"A new statewide study reports seven counties in and around the Bay Area among the top 10 statewide in youth homicide rates. In its third annual review the Washington, D.C.-based Violence Policy Center says firearms, usually handguns, are the weapon most commonly used in the homicide of young people, defined as youth ages 10-24.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Bay Area Counties Rank High in California Youth Homicide Rates","datePublished":"2013-03-08T20:17:10.000Z","dateModified":"2014-04-26T01:18:17.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"90979 http://ww2.kqed.org/news/?p=90979","disqusUrl":"https://ww2.kqed.org/news/2013/03/08/bay-area-counties-rank-high-in-california-youth-homicide-rates/","disqusTitle":"Bay Area Counties Rank High in California Youth Homicide Rates","path":"/news/90979/bay-area-counties-rank-high-in-california-youth-homicide-rates","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A new \u003ca href=\"http://www.vpc.org/press/1303ca.htm\" target=\"_blank\">statewide study\u003c/a> reports seven counties in and around the Bay Area among the top 10 statewide in youth homicide rates. In its third annual review the Washington, D.C.-based Violence Policy Center says firearms, usually handguns, are the weapon most commonly used in the homicide of young people, defined as youth ages 10-24.\u003c/p>\n\u003cp>California's overall youth homicide rate is 7.87 per 100,000. But the number one county, San Joaquin, has a rate nearly triple that statewide average. Here are the top ten counties, including their youth homicide rates:\u003c/p>\n\u003cp style=\"padding-left: 30px\">1) San Joaquin County, 21.29 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">2) San Francisco County, 18.04 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">3) Monterey County, 16.96 per 100,000\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp style=\"padding-left: 30px\">4) Alameda County, 16.82 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">5) Contra Costa County, 14.74 per 100,000\u003c!--more-->\u003c/p>\n\u003cp style=\"padding-left: 30px\">6) Solano County, 13.71 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">7) Tulare County, 13.43 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">8) Stanislaus County, 9.92 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">9) Los Angeles County, 9.55 per 100,000\u003c/p>\n\u003cp style=\"padding-left: 30px\">10) Santa Cruz County, 9.40 per 100,000\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In its report, the Violence Policy Center for the first time includes a \"\u003ca href=\"http://www.vpc.org/studies/cayouth2013.pdf\" target=\"_blank\">What Works\u003c/a>\" section where it profiles three prevention programs it says have been successful in preventing youth violence. The programs are based in Oakland, Salinas and Los Angeles.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/90979/bay-area-counties-rank-high-in-california-youth-homicide-rates","authors":["240"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_1393","news_3574","news_2995","news_4015"],"label":"news_6944"},"news_82552":{"type":"posts","id":"news_82552","meta":{"index":"posts_1591205157","site":"news","id":"82552","score":null,"sort":[1355165542000]},"guestAuthors":[],"slug":"giselle-esteban-sentenced-to-25-years-for-michelle-les-murder","title":"Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder ","publishDate":1355165542,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>(BCN) Giselle Esteban, the woman convicted of murdering nursing student Michelle Le in May 2011, was sentenced in Alameda County Superior Court this morning to 25 years to life in prison.\u003c/p>\n\u003cfigure id=\"attachment_82559\" class=\"wp-caption alignleft\" style=\"max-width: 179px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/Michelle-Le-poster1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/Michelle-Le-poster1.jpg\" alt=\"\" title=\"Michelle Le poster\" width=\"179\" height=\"231\" class=\"size-full wp-image-82559\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michelle Le's family offered a reward for information on her whereabouts after she disappeared on May 27, 2011.\u003c/figcaption>\u003c/figure>\n\u003cp>In her trial, prosecutors contended that Esteban killed Le, a former friend and high school classmate, because she mistakenly believed that Le was having a romantic relationship with Scott Marasigan, the father of Esteban's 6-year-old daughter.\u003c/p>\n\u003cp>Le, 26, was studying nursing at Samuel Merritt University in Oakland. She disappeared from Kaiser Permanente Medical Center in Hayward on May 27, 2011, and her body was found in a remote area between Pleasanton and Sunol about four months later.\u003c/p>\n\u003cp>Prosecutor Butch Ford alleged in the trial that \u003ca href=\"http://ww2.kqed.org/news/2011/09/07/live-now-arrest-made-in-michelle-le-case/\">Esteban,\u003c/a> 28, had planned Le's murder for months and staked her out in the Kaiser parking lot for hours before attacking her as she walked to her car.\u003c/p>\n\u003cp>Esteban's lawyer, Andrea Auer, admitted to jurors that Esteban killed Le but had asked them to convict her of the lesser charge of voluntary manslaughter because she said Le had provoked Esteban and Esteban acted in the heat of passion.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1355166187,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":221},"headData":{"title":"Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder | KQED","description":"(BCN) Giselle Esteban, the woman convicted of murdering nursing student Michelle Le in May 2011, was sentenced in Alameda County Superior Court this morning to 25 years to life in prison. In her trial, prosecutors contended that Esteban killed Le, a former friend and high school classmate, because she mistakenly believed that Le was having a","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder ","datePublished":"2012-12-10T18:52:22.000Z","dateModified":"2012-12-10T19:03:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"82552 http://ww2.kqed.org/news/?p=82552","disqusUrl":"https://ww2.kqed.org/news/2012/12/10/giselle-esteban-sentenced-to-25-years-for-michelle-les-murder/","disqusTitle":"Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder ","path":"/news/82552/giselle-esteban-sentenced-to-25-years-for-michelle-les-murder","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>(BCN) Giselle Esteban, the woman convicted of murdering nursing student Michelle Le in May 2011, was sentenced in Alameda County Superior Court this morning to 25 years to life in prison.\u003c/p>\n\u003cfigure id=\"attachment_82559\" class=\"wp-caption alignleft\" style=\"max-width: 179px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/Michelle-Le-poster1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/Michelle-Le-poster1.jpg\" alt=\"\" title=\"Michelle Le poster\" width=\"179\" height=\"231\" class=\"size-full wp-image-82559\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michelle Le's family offered a reward for information on her whereabouts after she disappeared on May 27, 2011.\u003c/figcaption>\u003c/figure>\n\u003cp>In her trial, prosecutors contended that Esteban killed Le, a former friend and high school classmate, because she mistakenly believed that Le was having a romantic relationship with Scott Marasigan, the father of Esteban's 6-year-old daughter.\u003c/p>\n\u003cp>Le, 26, was studying nursing at Samuel Merritt University in Oakland. She disappeared from Kaiser Permanente Medical Center in Hayward on May 27, 2011, and her body was found in a remote area between Pleasanton and Sunol about four months later.\u003c/p>\n\u003cp>Prosecutor Butch Ford alleged in the trial that \u003ca href=\"http://ww2.kqed.org/news/2011/09/07/live-now-arrest-made-in-michelle-le-case/\">Esteban,\u003c/a> 28, had planned Le's murder for months and staked her out in the Kaiser parking lot for hours before attacking her as she walked to her car.\u003c/p>\n\u003cp>Esteban's lawyer, Andrea Auer, admitted to jurors that Esteban killed Le but had asked them to convict her of the lesser charge of voluntary manslaughter because she said Le had provoked Esteban and Esteban acted in the heat of passion.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/82552/giselle-esteban-sentenced-to-25-years-for-michelle-les-murder","authors":["237"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_3398","news_1841","news_3574","news_3575","news_2688","news_1087"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/All-Things-Considered-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. 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For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. 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The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.","airtime":"SAT 4pm-5pm","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/reveal300px.png","officialWebsiteLink":"https://www.revealnews.org/episodes/","meta":{"site":"news","source":"npr"},"link":"/radio/program/reveal","subscribe":{"apple":"https://itunes.apple.com/us/podcast/reveal/id886009669","tuneIn":"https://tunein.com/radio/Reveal-p679597/","rss":"http://feeds.revealradio.org/revealpodcast"}},"says-you":{"id":"says-you","title":"Says You!","info":"Public radio's game show of bluff and bluster, words and whimsy. 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