by Antoinnette Borbon
The courtroom was filled today awaiting to hear what would be the beginning of the case against young Daniel Marsh. Daniel Marsh, 16, has been charged with double homicide. On April 14th, 2013, the bodies of Oliver Northup and Claudia Maupin Northup were found in their home on Cowell Blvd. Authorities were called to do a welfare check on the couple, only to discover the two deceased in their bed.
Deputy Public Defender Ron Johnson filed a motion for a continuance yesterday, stating he did not have time to listen to a 13-hour long audiotape of the interrogation of Mr. Marsh. He told Judge Fall he was not prepared and needed more time. Supervising Deputy District Attorney Michael Cabral opposed his motion.
Judge Fall listened to argument but declined the motion, arguing that there had been no agreement to waive the preliminary hearing, which Mr. Johnson had claimed as a basis for not having prepared for the hearing. Judge Fall advised the two counsels to be back at 1:30 to begin.
As the afternoon arrived, so did more family, friends and media. The hall was lined with people waiting to enter the courtroom. Once every seat was filled, Mr. Cabral began with his first witness, Officer Mark Hermann.
Officer Hermann testified to being summoned to the residence to do a welfare check on the couple. He testified that, upon arrival, he found a cut screen to an open window but the doors were locked. He said he walked around to the window and shined his flashlight into what would be the master bedroom.
Officer Hermann testified that he noticed what appeared to be a male lying on the bed with blood around his mouth and abdomen. He also noticed a female lying on the bed next to him.
Officer Hermann stated that, once Sergeant Douglas Bates arrived, they did a forced entry into the residence. The officers walked into the bedroom to find the bodies with multiple puncture wounds on their abdomens and upper torsos. Medics were called and Sgt. Bates began taking photos of the scene.
Mr. Cabral then called Officer Francisco Talavera of the Davis Police Department. Office Talavera testified that he responded to the welfare check also. He said he noticed the cut screen on the window also.
Officer Talavera stated he found the screen door as well as the front door to be locked. He stated Sgt. Bates told him to watch the front of the residence. He entered the home, going to the master bedroom to see the couple lying on the bed with what appeared to be several wounds to the abdomen/torso area.
Gina Moya, Chief Deputy Coroner, took the stand next. Ms. Moya said she was dispatched to the residence of 4006 Cowell Blvd. at approximately 3:55 am. Ms. Moya stated she was advised of two deceased people.
Upon her arrival on the scene, she found an elderly male and female with several wounds into the abdomen, and a wound on the neck of the male. She stated the stab wounds were similar on both the male and female decedents.
The final witness for the prosecution’s case was Detective Ariel Pineda. Detective Pineda testified to doing the interrogation of young Daniel Marsh.
Deputy DA Cabral began his line of questioning in regard to reading Miranda rights to young Marsh. He stated he asked Mr. Marsh if he understood what was being said to him.
Mr. Marsh responded with “yes,” and began to give a four-hour long interview with Pineda.
FBI Agent Cambian was present also. Detective Pineda said he began asking Mr. Marsh if he had any knowledge of the homicides that had taken place in Davis.
Mr. Marsh told the detective that he had heard about the homicides through friends, but he also mentioned he heard the couple had been wounded multiple times. Detective Pineda asked Mr. Marsh if he had anything to do with those deaths.
Daniel Marsh replied, “No.” Detective Pineda stated that he “never threatened or promised him anything.” He continued to question Marsh.
Detective Pineda stated he advised Marsh to tell the truth. He informed him there were two people who said Mr. Marsh did it. Finally, Marsh broke, stating, “When I tell you what I tell you, it’s done.”
Mr. Cabral then asked what Marsh told him after that statement. Detective Pineda, pausing for more than a few minutes, stated, “He told me a lot of things.” Pineda asked Marsh to tell him what happened that night.
Mr. Marsh told Detective Pineda he had had enough. The detective said Mr. Marsh told him he had first thought about killing as a ten-year-old boy. Mr. Marsh stated he felt that feeling again in 7th grade, after being bullied by kids at his school.
Mr. Marsh also talked about disliking his dad’s new girlfriend and wanting to hurt her too. Mr. Marsh went on to tell Detective Pineda how he left his home somewhere between 2 and 3 am, looking for an open window or door around the Davis neighborhood.
Mr. Marsh found an open window at the home of Oliver Northup. He told Detective Pineda he cut the screen and got in through the window.
Mr. Marsh said he walked down the hall and heard snoring. He said he entered the room to find the two sleeping, but the female woke and saw him. He said the female screamed and it was then that Marsh began to stab her.
Mr. Marsh stated to Pineda it was like an outer body experience – exhilarating, euphoric, a high as his adrenalin was pumping. Mr. Marsh told the detective he kept wounding the female until he thought she was not breathing. It was about then the elderly male awoke. Marsh told Pineda he struck him in the throat, heard gurgling and assumed he was dead. Marsh admitted to injuring the couple with multiple wounds to their bodies.
Mr. Marsh told Detective Pineda after a few days had passed, he felt like doing something again. He wanted to feel the rush again. Mr. Marsh stated to Pineda he had a thought of taking a bat to someone until they were dead. Mr. Marsh could not explain why he had these thoughts, just that they came to him as a young kid.
After the confession was done, Detective Pineda took buckle swabs from Mr. Marsh for DNA. He advised Mr. Marsh he was being arrested for the crimes, stating he read Mr. Marsh his Miranda rights correctly and Mr. Marsh understood them.
The deputy public defender reserved questions for the witnesses and had no argument for the court. Judge Fall ruled there was sufficient evidence to hold Mr. Marsh to answer for all charges and enhancements, except for the one stricken by Deputy DA Michael Cabral. He also stated the torture enhancement would be up to the jury to decide on.
Daniel Marsh will be arraigned on September 24 at 9 am in Dept. 2.
AB:[quote]Daniel Marsh. Daniel Marsh, 16, has been charged with double homicide.[/quote]
Davis Enterprise: “…two counts of first-degree murder…”
Daily Democrat: “The teenager accused of murdering an elderly Davis couple confessed to stabbing them each dozens of times and mutilating the bodies, telling investigators that “it just felt right,” according to testimony made Friday in a Woodland courtroom.”
Sac Bee: “Marsh, 16, will face trial on murder charges with special circumstances of lying in wait and torture in the elderly couple’s killing, Yolo Superior Court Judge Timothy Fall ruled.”
Fox 40 news: “In the three page complaint field by Yolo DA Jeff W. Resig, 16-year-old Daniel William Marsh is being charged with two counts of first degree murder for the deaths of 87-year-old Oliver Northup and 76-year-old Claudia Maupin.”
DA Complaint: “…Count 1 : On or about April 13th, 2013, DANIEL WILLIAM MARSH did commit a FELONY, namely, a violation of Section 187(a)of the California Penal Code, FIRST DEGREE MURDER…”
http://www.yolocounty.org/Modules/ShowDocument.aspx?documentid=22957
It’s true, witnesses do see/hear differently, no?
Not sure what you mean. Are you talking about the way the crime is described by news sources and other reports? Those entities–charging documents, news stories, etc. — are not “witnesses”, though, right? I’m confused by your post, so I wonder if you’d mind clarifying. This is a sad sad story all around, from any angle.
Wish Daniel had had a place (or person) where he felt safe enough to talk about these scary thoughts, especially as a 10 year old.
Sad, a mentally ill minor charged as an adult.
He should have had help from the school district, which is mandated to “seek and serve” children who are emotionally disturbed.
And, his father was spending time with a girlfriend instead of his troubled son.
Blame and guilt serve no purpose. (My guess is that both of Daniel’s parent are feeling a lot of each) Instead we should be asking what can we do better.
B. Nice: “Blame and guilt” serve no purpose.
I don’t understand what you mean – you’re opposed to prosecution?
What we can do better: spend time with our kids, and make sure the schools are doing what they’re being paid to do.
Chilling is the word, indeed.
“Mr. Marsh told him he had first thought about killing as a ten-year-old boy. “
“Mr. Marsh told Detective Pineda after a few days had passed, he felt like doing something again. He wanted to feel the rush again.”
My initial assessment stands, this young man is a sociopath, lacking all compassion and empathy. I hope, in his interest, his attorney will work out a plea that places him in a maximum security facility for the remainder of his life, or until medical science has a serviceable therapy to correct this deficit. Current therapies are far too short of that mark.
Biddlin ;>)/
[quote]B. Nice: “Blame and guilt” serve no purpose.
I don’t understand what you mean – you’re opposed to prosecution?
What we can do better: spend time with our kids, and make sure the schools are doing what they’re being paid to do.[/quote]
To clarify JUST blaming his father and blaming the school serves no purpose, unless it leads to efforts to make things better. I think that a significant bullying problem exist at our schools that needs to be addressed, I also think there are major flaws in our mental health care system that need to addressed. Blaming without further action does nothing to make things better.
[quote]My initial assessment stands, this young man is a sociopath, lacking all compassion and empathy. I hope, in his interest, his attorney will work out a plea that places him in a maximum security facility for the remainder of his life, or until medical science has a serviceable therapy to correct this deficit. Current therapies are far too short of that mark. [/quote]
I worry you are correct about this. Nothing so far points to this kid having a childhood different from many of his peers. So the question I’m left with is are sociopath ‘s born or made. Or is it something in between?
eagle: [i]He should have had help from the school district, which is mandated to “seek and serve” children who are emotionally disturbed.[/i]
Was he expressing to others in school a desire to kill at age 10? What visible signs were there that the school district should have stepped in to intervene?
From an earlier blog….
Growth Issue:
“Sometimes I don’t think it matters what type of upbringing or family situation a juvenile has had. Some kids are just bad seeds.”
B. Nice
“While I do not agree with this sentiment, based on the information available so far, it’s unfair to start villainizing the parents.”
Today…..
B. Nice
“I worry you are correct about this. Nothing so far points to this kid having a childhood different from many of his peers. So the question I’m left with is are sociopath ‘s born or made. Or is it something in between?”
Thank you, it looks like you now agree with me. 🙂
[quote]Thank you, it looks like you now agree with me. 🙂 [/quote]
I honestly don’t know what I think as my statement implies. If one thing had been different in this child’s life would the outcome have been different? If somehow he had gotten help when he first started having disturbing thoughts, if his his home life had been more stable, if he hadn’t been bullied at school… I’ve never denied that a predisposition to mental health issue’s existed, but does that mean no matter what his life circumstances were he would have brutally murdered 2 people, and craved to repeat the crime? I don’t think it’s productive to quickly start blaming his parent or the school district, but I do think we should try and learn what can from this horrific event and with the end goal of helping kids dealing with mental illness (even though most of them will not go on to commit such violent crimes).
@biddlin The labeling of this young man as a “sociopath lacking all compassion and empathy” is uninformed. The only person who can make a determination like that is the licensed professional assessing him. I’ve known Daniel since he was a little boy, and I continue see him once a week in Juvenile Hall, and he is both compassionate and empathetic. I’ll leave it there.
And to everyone else in here, can we please stop trying to diagnose or label this young man as if he’s already been proven guilty? The trial hasn’t even begun and it seems the judgment has already been made.
Bill, from Marsh’s statement to Mr. Pineda it certainly sounds to me like he’s guilty. Now as to what went on inside of his head to make him commit such atrocities is up for question.
As I remember earlier reports, this young man got plenty of attention both from school officials and from his parents’ Kaiser mental health coverage. Trying to figure out what happened seems fruitless for anyone whose knowhow is limited to press reports.
It’s such a unbelievable tragedy for all involved. Nothing I’ve read suggests any reason to try him as an adult.
@Growth Izzue, yes I can see how it’s easy to make a judgment based on the statements allegedly made to Mr. Pineda. But, we all need to wait and trust the process. Unless someone has “inside information,” I’m not sure that we’re equipped to make a determination one way or the other.
[quote]
As I remember earlier reports, this young man got plenty of attention both from school officials and from his parents’ Kaiser mental health coverage.[/quote]
I’m more concerned with the quality and type of care he, or anyone with metal health issues receives. From my experiences Kaiser does not do mental health well, unless you are in crisis mode there is little to no support, even in crisis mode I found the care severely lacking. I don’t think this is limited to Kaiser. We don’t do mental health care well in this country.
Schools need more councilors, I feel this program is understaffed and not nearly valued enough in our district.
Mental Health Care: With the right meds, Marsh would be okay.
As Nice notes, mental health care is mostly of poor quality.
It’s a rare psychiatrist who is competent.
School counselors don’t have the licensing or training to work with serious mental health issues; the school district should have referred Marsh to a residential treatment program for psychiatric care. (But the district/county ed. offices doesn’t want to spend
money on these kids. You’d be surprised at how dismissive school staff are of students, and their parents, if the student isn’t headed for college, has a disability.)
My concern is that he be segregated from others until such a time as he is physically incapable of harming others. My fear is that he will cop a plea to get a minimum sentence, and be back among us in 7-10 years.
Biddlin ;>)/
[quote]School counselors don’t have the licensing or training to work with serious mental health issues;[/quote]
I would love to see kids have better access to quality and consistent therapy at school. I wish the district would prioritize this issue. Wether this would have helped Daniel or not we will never know.
[quote]As Nice notes, mental health care is mostly of poor quality. It’s a rare psychiatrist who is competent. [/quote]
It’s not lack of competent psychiatrists that I see as the problem, it’s insurance company’s refusal to cover the cost of seeing one.
Growth: You need to remember that out of court statements by the defendant alone cannot be enough to convict. The questions you need to ask are: were his statements given voluntarily or was he coerced? Is there evidence to corroborate?
He had just turned 16 years old, he allegedly waived Miranda and the statements were taken with out parents or attorneys present. That alone is a bit concerning.
So I agree with Bill. And Bill – thank you for reminding people not only that a person is innocent until proven guilty but that this is a small community and many people know the individuals involved in this case and it’s better to not make snap judgments.
@Adremmer…..this case was most difficult to write about given the content. But I omitted the particulars out of sincere respect for Mr. Ron Johnson and this young man. I do not feel the public needs to know the gory details as they really serve no purpose to us… I must express my disappointment in your need to put what other media outlets printed. It saddens me deeply. Albiet, I could have expected the details to be in print; just knew it was not going to come from me.
To all of the other comments, I appreciate the response but I too, along with David, must concur that we have not seen anything yet nor heard defense’s case. The pre-judgments and sensationalism, is just what defense was worried about. I have and will continue to pray for a change of venue for this young man and his defense. I know Johnson is a God fearing man and will do his best with the support of the man most High. I am not sure if a change of venue is still an option, but I can hope/pray.
My personal feelings: My heart is broken for him and both families. Sin never affects just one person and I pray there can be some good come out of the evil. If I know God, there will be….
@Eagle Eye….yes, it is sad to see/hear of another disturbed young person…heartwrenching to say the very least.
My prayers are for change…in everything; parenting, school system, justice system, mental health system and most importantly, us as an individual.
In conclusion….I believe we can play the blame game til the cows come home but ultimately…as I have stated many times before in my comments…this evil belongs to the DEVIL….we just need to learn what we can do to stop it from happening again/heed the warning signs.
My answer….God….none other has greater power to change the heart/mindset of another….if you so believe.
Kindly, Antoinnette
The information already made public corroborates the young man’s confession (or “out of court statements,’ as you’ve called it). I’d guess that Growth knows that a confession alone is inadequate proof for convicting a defendant who has pleaded not guilty since he’s a longtime Vanguard follower.
What is wrong with a 16-year-old “waiving Miranda'” (or “allegedly waived Miranda,” as you’ve called it)? What is wrong with his confession being taken without attorneys or parents present? There are 278 concerning things about this case so far, and the ones that are only a “bit concerning” don’t come close to the top of that list.
It is, indeed, good to have Bill providing a portion of the defense case before a trial even is scheduled. It helps to offset the rampant speculation here about why this happened. There is plenty of information on the record and floating around town to give both “sides” plenty to work with.
We all know that even a totally guilty person is innocent in the eyes of our legal system until judged guilty. This universal knowledge has nothing to do with whether citizens get to form opinions and, even, act on them through Constitutionally protected demonstrations, for example.
To suggest that Vanguard readers should only speak up if they support one side of the facts borders on the silly. That would mean everyone would have to simply nod in agreement with the Vanguard’s reporting and commentary on a given case until a trial is completed months or years later.
Many of us know or knew (or both) principals in this case. As you’ve said before, that makes this case difficult in a small town like ours. But, that provides no support for the argument that Bill or Growth have no business coming up with any conclusions or speaking up with their opinions.
Antoinnette, I still owe you an answer to a question you asked of me awhile back. I haven’t forgotten.
@Just Saying…you certainly raise valid points. I believe my question was what you do for a living? I read your comments and they appear to be of an intellectual mind. I also understand you are only trying to help me become a better writer; thus I now take your comments as more constructive.
I know this may sound a bit crazy but I dislike being thought of as “the press,” but rather prefer to be thought of as doing a job in which to help promote a more righteous judicial system. Albiet, through the process of writing articles/commentaries for the Vanguard.
I appreciate you remembering I asked a question…and I thank you for following my stories. Your compliments gives a source of encouragement on many different levels. I thank you..
@Bill….my prayers for you and young Daniel Marsh..and both families. I hope he is doing well thru this fiery tribulation.