VANGUARD COURT WATCH: Preliminary Hearing Set for September in Davis Double Murder

By David M. Greenwald

Supporters and media members packed into the small and cramped Department 2 for an early hearing in the case of 16 year old Daniel Marsh, accused of one of the more brutal crimes in the hundred year history of the city of Davis.

The actual hearing seemed almost an anti-climax compared to the attention, with a brief mention of the discovery and the setting of the preliminary hearing – at least at this point for September 13 – in what is expected to be a full but single day of evidence.

The diminutive size and youthful appearance stood in marked contrast to the brutal nature of the crime he is accused of committing.  One prosecutor outside of the courthouse quipped about the appearance of the defendant and the incongruity to the crime, noting that he resembled his paperboy more than a double murderer.

September 13, if the preliminary hearing indeed goes forward will be the first time that the city and the region will hear of what evidence brought prosecutors to arrest the young Davis residence and the nature of his brutal crimes.

Back in June, just under one month ago, the Yolo County District Attorney’s office filed a criminal complaint against 16-year-old Daniel Marsh, who they claim “did willfully and unlawfully kill a human being, to wit, Oliver Northup, with malice aforethought. This is willful, premeditated, and deliberate murder within the meaning of Penal Code Section 189.”

In addition to two counts of murder, he faces a case enhancement for the willful, unlawful and personal use of a deadly weapon under Penal Code 12022(b)(1), for the use of a knife.

Mr. Marsh faces four special circumstances for committing multiple murders, for “heinous and depraved murder,” for “lying in wait,” suggesting that he hid from the victims and then attacked, and finally for torture committed during the commission of murder.

The DA’s complaint notes that Mr. Marsh will be charged as an adult for two reasons.  First, that “Daniel Marsh was 15 years old at the time of the commission of the crimes alleged in Counts One and Two, and at least one SPECIAL CIRCUMSTANCE is alleged, and it is alleged that the defendant personally killed both victims.”  Second, “that Daniel Marsh was 15 years old at the time of the crimes alleged in Counts One and Two, and that both victims were 65 years or older, and the defendant knew or reasonably should have known this.”

Mr. Marsh continues to be held without bail at Yolo County Juvenile Hall and on Tuesday, special arrangements were made to permit visitation by his parents.

Under California law, Mr. Marsh is ineligible for life without parole due to his age of 15 at the time of the murders.  He could face 25 to life for each of his two counts, plus additional time for the enhancements.

Trial Begins in Armed Robbery Case

By Tecali Aguilar

A man named Joey Lopez is now on trial with 6 counts, the most serious being felony robbery with use of a firearm. This man does have a criminal record so case enhancements habitual criminal and previous serious felony have been added.

At 5pm on June 20^th , 2012 a robbery occurred in Woodland at a cigarette store located on E street. The man was armed with a shotgun, which he used to steal money and merchandise, alleged to be clothing.

The defendant has not taken any plea and is now proceeding with a jury trial. Due to late motions filed by the District Attorney Tokhi the trial suffered delays, but is now underway.

These two facts were denied discovery for good reason, as defense attorney Larry Cobb states, “you cannot un-ring a bell.” He does have Norteno tattooed across his back, along with previous conviction of a felony robbery. The Judge ruled these irrelevant according to due process.

DA Tokhi believes Joey not only committed this robbery, but another in Sacramento the next day at river city bank. Evidence provided from security cameras at both sites does show a man of similar build and ethnicity wearing a white hat, but the link is still circumstantial and does not draw a definite match.

The first witness, Dino Clark, came to the stand today. He is a basketball coach in the Woodland area and is a frequent shopper at the cigarette store. Before entering he always counts his spare one dollar bills to make sure he has enough to get his desired item. This time he noticed something unusual.

On the day of the robbery there was a man parked two spaces to the right waiting in his car. When Dino is finishing counting his money he noticed a man limping towards him. As the man got closer Dino Clark realizes there is a gun inside the perpetrators shirt creating a bulge on his left side.

Dino suddenly realizes a robbery took place as he made eye contact with the man briefly. He stated, “I didn’t look at him that long.”

The thief turns to his right exposing the gun on the left side of his body and gets into the passenger seat of the get away car. Dino tries to get the license plate number, however the glare from the sun made it hard to see.

According to a police recording presented by the DA, He saw 6V on the license plate the day it happened.

During cross-examination from defense attorney Larry Cobb, Dino became frustrated. This led to the retraction of many statements due to inability to recall exact details.

Due to a subpoena by the police earlier in the year, Dino was brought in and asked to do a 6 pack evaluation of mug shots. The defendant Joey Lopez was identified.

The trial is still very young and lacks stipulations. With the evidence shown so far there is minimal linkage of the two robberies, however there are 30 witnesses on file for the District Attorney Tokhi.

Defendant Contest DUI Charge

By Bessie Sampson

Defendant Michael Lawrence Jackson fights a DUI charge by claiming he suffered symptoms of a concussion from a prior car accident.

On Dec 19, 2009, Mr. Jackson was involved in fender bender at 6:17pm going 25mph on a freeway. There was minor damage to his vehicle but after speaking to the authorities, Jackson continued driving that evening, reporting no physical injury.

Approximately one hour after the accident, several witnesses reported Jackson driving unsafely swerving back and forth between lanes in the City of Davis.

Officer Hatfield of the Davis Police pulled over Jackson after observing him weave back and forth lanes without signaling.

When pulled over to the right, Hatfield noticed that Jackson’s vehicle was moving backward toward his police car and then abruptly stopped.

When asked where Jackson was going, he replied that he was lost and believed to be in the city of Carmichael.

Hatfield suspected Jackson to be  under the influence with his slurred responses and red bloodshot eyes so he administered several field sobriety tests in which he all failed.

Jackson was breathalized and found to not be under the influence of alcohol but was brought to Sutter Hospital in which he was blood tested.

Jackson was found to have marijuana and prescription drug Xanax in his system.

Jackson did not report any injury nor did he report that he was involved in an accident that same day when asked by Officer Hatfield. Now, he claims that a possible concussion caused his impaired driving that day, not the drugs.

The prosecuting attorney, Deputy DA Kyle Hasapes, began his opening statement with “This is a case about selfish acts. Selfish acts that put people in jeopardy.”

Haspuss argues the Jackson’s impaired and unsafe driving was due to the use of drugs, not a supposed concussion which Jackson did not even report.

However, Jackson’s defense attoryney Johnson mentioned in his opening statement that Jackson’s physician indicated that he suffered from a mild concussion the day of the DUI stop.

The trial is to continue through Monday, July 15th.

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