second-degree-murder - Law Offices of William W. Bruzzo

Trayvon Martin Verdict Was Predictable

Law Offices of William W. Bruzzo — Mon, 15 Jul 2013 02:47:00 GMT

Many Americans were shocked by the July 13, 2013 not guilty verdicts of the Defendant, George Zimmerman who was accused of 2nd degree murder and manslaughter of a 17 year old unarmed high school student, Trayvon Martin in February of 2012.

For those unversed in the law the killing of an unarmed person who was not committing any crime might seem like a slam dunk for conviction. However, an understanding of self defense laws which are very similar across the nation, helps explain why a conviction was never a foregone conclusion.

Deadly force may be used against someone in Florida if the person feels like he may suffer death or great bodily injury if he does not use deadly force. In California the force used may be deadly if it is necessary for the person to protect himself against the threat. In the Trayvon Martin matter Mr. Zimmerman had cuts on the back of his head that were bleeding and a swollen nose. He claimed that Trayvon slammed his head into the sidewalk multiple times and punched him in the nose. An independent witness said that he saw Trayvon on top of Mr. Zimmerman giving him a “MMA style” “ground and pound”. That description can be summarized by saying that Mr. Zimmerman appeared to be receiving a severe beating from Trayvon. During this altercation, Mr. Zimmerman shot Trayvon through the heart and killed him.

The jurors were probably conflicted in that Trayvon was unarmed and Mr. Zimmerman was told by the police not to pursue Trayvon or get involved. He ignored them and apparently confronted Trayvon when the altercation broke out. One significant gap in the evidence is that we only have Mr. Zimmerman’s recollection of his initial physical contact with Trayvon: he claims Trayvon jumped out and punched him. The fact that Mr. Zimmerman killed the only other witness to that initial confrontation angers many. Regardless, the jurors had to make a decision on the facts offered at trial. It seems clear that given Mr. Zimmerman’s injuries were consistent with his being attacked and that the bullet wound to Trayvon was also consistent with Mr. Zimmerman being on the bottom, it makes sense that a jury could have found that he was acting in self defense. Even if a juror was skeptical as to whether Mr. Zimmerman was acting in self defense, the juror might have had felt there was a reasonable doubt because Zimmerman may have been acting in self defense.

In the emotion that followed this case it is important to keep in mind that Mr. Zimmerman was not found innocent, he was found not guilty. This does not mean he did not commit a crime, it just means that the Government failed to prove its case or for whatever reason there was simply insufficient evidence to convict. See People of the State of Florida v. George Zimmerman(2013).

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636

Zimmerman not guilty in Trayvon Martin death (utsandiego.com)
George Zimmerman acquitted of second-degree murder in shooting death of Trayvon Martin (jacksonville.com)

Domestic Abuse Ends in Murder Conviction for LA Chef

Law Offices of William W. Bruzzo — Wed, 03 Oct 2012 00:26:00 GMT

David Viens was found guilty of second degree murder for killing his wife of 17 years. He will be sentenced in November, and he faces 15 years to life. Mr. Viens was a chef at a restaurant he owned with his wife in Lomita. During the trial a friend of Dawn Viens explained there had been violent incidents between Dawn and her husband. Karen Patterson described in court that she had noticed marks on her friend Dawn’s neck. Dawn explained that her husband had choked her. There was also another incident where Dawn Viens called Patterson from a locked bathroom in order to keep away from her husband.

David Viens’ defense attorney, Fred McCurry, explained that he had not intended to kill his wife. That he had bound her limbs and covered her mouth with duct tape. Adding that he had done it “at least twice before to silence her histrionics.” Once Viens realized that his wife was dead he panicked. McCurry also dismissed the explanation of his client having boiled his wife’s remains. That was the confession Viens had told police while in the hospital recovering from his leap off a cliff. His attorney questioned whether it was scientifically possible to boil down human remains. Viens had also said that his wife’s skull was in his mother’s attic. Her remains were never found.

David Viens had jumped off a cliff in Rancho Palos Verdes while he was being followed by the Sheriff’s Department. His girlfriend at the time was in the car with him and pleaded for him to pull over. Viens then got out of the car and then jumped.

Here is NBCLA.COM video coverage of the verdict.

If you are having trouble viewing the video, you can see it here.

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636.

Chef who said he ‘cooked’ wife guilty of second-degree murder (latimesblogs.latimes.com)
Chef found guilty of murder after confessing he boiled wife’s body (foxnews.com)
Chef who admitted slow-cooking wife’s body convicted of murder (usnews.nbcnews.com)

Drunk Driver Who Killed Angel’s Pitcher Found Guilty of Murder

Law Offices of William W. Bruzzo — Mon, 04 Oct 2010 02:18:00 GMT

A jury found Andrew Gallo guilty of three counts of second-degree murder, two felony counts of driving under the influence resulting in great bodily injury and a felony hit and run. After colliding with the victim’s car as he went more then 65 miles an hour, Gallo fled the scene on foot. His injured stepbrother was at the scene. The twenty-three year old will be sentenced on December 10th with a possible sentence of 51 years and eight months to life in prison. Relatives of the victims and Mr. Gallo were present to hear the verdict. District Attorney Tony Rackauckas told reporters that this sends a message regarding the consequences of driving under the influence and the severity of the issue. Gallo’s defense attorney released a statement expressing her disapproval of the verdict of second degree murder instead of what she explained was the more appropriate charges of vehicular manslaughter. See, Vehicle Code Sections 23153 (a) (b)

Criminal Law Updates by Law Offices of Orange County Defense Attorney William W. Bruzzo (714) 547-4636

Here is the AP video covering the verdict:

Andrew Gallo’s Trial

Law Offices of William W. Bruzzo — Thu, 23 Sep 2010 02:27:00 GMT

Video surveillance was presented to the jury in the case of Andrew Gallo, who is on trial for three counts of second degree murder, various enhancements for inflicting great bodily harm and one misdemeanor related to driving under the influence. In the video surveillance of a Covina bar, Gallo and his step brother Raymond Rivera are seen drinking five beers, and four shots of rice-wine. According to the Orange County Register two of the beers were served in a glass that can hold three pints. Also the prosecution explained that the pair had stopped previously at two other locations where they had beers and shots as well. After Covina, they walked to another bar and had at least one beer and one shot. When officials took Gallo’s blood alcohol level, it was .22 almost three times the legal limit. The prosecution is pressing for murder charges because of Gallo’s previous DUI’s, arguing that he was well aware of the risk and potential dangers of drinking and driving. See, Vehicle Code Section 23153 (a) (b).

Orange County Appeals Court Overrides Governor’s Decision

Law Offices of William W. Bruzzo — Thu, 09 Sep 2010 02:33:00 GMT

After twenty four years behind bars for second degree murder Anthony Perez was granted parole by the 4th District Court of Appeal in Orange County. His original review by the Board of Parole Hearings in November 2008 granted him parole but Gov. Arnold Schwarzenegger blocked his release in 2009. The governor believed that Perez was still a danger because of his disregard for life shown at the time of the crime. The decision was appealed to the Orange County Superior Court which upheld the governor’s decision prompting Perez to appeal to the 4th District Court of Appeal. When Perez was 19 years-old he took part in a physical altercation that resulted in the death of an individual. Perez and other gang members beat a man who had a cousin in a rival gang. Perez hit the victim with a wooden board as he attempted to flee. During his time in prison Perez earned college credits, mainly stayed out of trouble and participated in Alcoholics Anonymous. The District Attorney opposed the appeal according to the Orange County register.

Angel Killer’s Case

Law Offices of William W. Bruzzo — Thu, 08 Apr 2010 19:08:00 GMT

April 9, 2009 was a difficult day in the lives of many as it was the day that 23-year-old Andrew Thomas Gallo drove under the influence killing Angel’s pitcher, Nick Adenhart along with Courtney Stewart and Henry Pearson.

Gallo is charged with three counts of second-degree murder in addition to: drunken driving causing great bodily injury; driving with a .08 blood-alcohol level or higher and causing great bodily injury; hit-and-run; and driving on a suspended license. He is looking at 50 years to life in state prison if convicted on all counts.

During the disposition of his prior DUI, Gallo signed what’s called a Watson Advisement. The 1981 California Supreme Court case, People v. Watson, created the crime of second-degree murder which stems from a DUI. Since this case, people convicted of a DUI acknowledge that if they kill someone while driving under the influence, then they may be charged with murder. Because of Gallo’s acknowledgement of the Watson Advisement during his previous DUI conviction, he now faces murder charges.

Gallo’s attorneys are currently seeking to have his trial moved to another county because of all the negative publicity his case has received from the beginning. The attorneys believe Gallo does not stand a chance to have a fair trial in Orange County. See Vehicle Code Sections 23152 (a), (b); 23153 (a), (b); Penal Code Sections 192.5, 187, 189.

The Deadly Dentist

Law Offices of William W. Bruzzo — Thu, 18 Mar 2010 00:39:00 GMT

Former Orange County dentist Tony Protopappas convicted of second-degree murder in 1984 has been granted parole by an appellate court. He was convicted for the deaths of three women he had as patients at his Costa Mesa dentistry office. They died from a high dosage of anesthesia. His attorney acknowledges that there are some possible road blocks: the Attorney General office could appeal the decision or Governor Schwarzenegger could change the ruling. His attorney Richard Pfeiffer had told the court that the deaths were when Protopappas was a dentist and that he would no longer be practicing dentistry or administering anesthesia therefore he was not a threat to society. Deputy Attorney General Amy M. Roebuck argued that Protopappas’ “drug and alcohol use contributed to his negligence” and that he had not fully accepted responsibility for the deaths. Mr. Protopappas served 25 years of a life sentence.