Post by Anja Nieser on Sept 17, 2006 23:40:07 GMT -5
Double-shooting suspect charged with murder
The suspect in a double-shooting that killed one man and injured another
in San Rafael this week was charged with murder and attempted murder
Friday as authorities continued to investigate a motive.
Robert Thomas Middagh, wearing chains and an orange jail jumpsuit, was
arraigned on the two counts Friday afternoon in Marin Superior Court. The
hearing was attended by Middagh's parents and several family members of
the victim, Adolfo Romeo De Leon Lopez, 34, of San Rafael.
The charges contained no hate-crime allegations, shedding no additional
light on potential motives for the shooting. Witnesses have told De Leon's
family that the gunman shouted ethnic slurs against the two victims, who
are natives of Guatemala, but investigators have not confirmed bigotry as
a motive.
"At this point, there is no hate-crime allegation," said Marin County
District Attorney Ed Berberian. "It's still an open question in our mind."
Even without hate crime charges, Middagh, a 48-year-old San Rafael
resident, could receive 50 years to life on the murder count and 34 years
to life on the attempted murder count, Berberian said.
"He could have consecutive life sentences, theoretically," he said.
As currently filed, the charges lack the special circumstances that would
make the case eligible for the death penalty.
Middagh, who is being held without bail, was scheduled to return to court
Monday to enter a plea. Tara Ann Higgins, Middagh's court-appointed
defense attorney, did not return a call for comment.
The shooting occurred at 11:15 p.m. Monday outside an apartment building
at 192 Belvedere St. in the Canal neighborhood. Police said the gunman
shot De Leon in the abdomen and another man, identified in court documents
as Jeronimo Diaz, in the leg.
Police heard the gunshots and saw a man with a gun near the scene. The
gunman fled and eluded police near the Lexus dealership on East Francisco
Boulevard, prompting a manhunt that lasted several hours.
Middagh was arrested after police found him clinging to a dock in the
canal. A handgun belonging to Middagh was found near the dock several
hours later, and police said the .45-caliber weapon matches the casings
found at the scene of the shooting.
In addition to the charges filed Friday, prosecutor Barry Borden also
filed a petition to revoke Middagh's probation in a prior case. In a plea
bargain in August 2005, Middagh pleaded guilty to unlawfully carrying a
concealed weapon and drunken driving, while prosecutors dropped charges of
disturbing the peace and carrying a loaded firearm.
The court hearing was attended by De Leon's brother and sister-in-law and
several of their supporters, including Roberto Trapaga, a Berkeley-based
social activist representing Guatemalan immigrants. Trapaga said he was
monitoring the case to ensure that Middagh, the grandson of a late Marin
undersheriff and son of a retired county official, did not get favorable
treatment.
"We want justice," he said.
A memorial service for De Leon has been scheduled for 6 p.m. Wednesday at
Mount Tamalpais Mortuary at 2500 Fifth Ave. in San Rafael.
Memorial contributions can be sent to the De Leon Family Fund, c/o
Citibank, 1004 Northgate Drive, San Rafael, CA 94903. The account number
is 40031685270.
(source: Marin Independent Journal)
The suspect in a double-shooting that killed one man and injured another
in San Rafael this week was charged with murder and attempted murder
Friday as authorities continued to investigate a motive.
Robert Thomas Middagh, wearing chains and an orange jail jumpsuit, was
arraigned on the two counts Friday afternoon in Marin Superior Court. The
hearing was attended by Middagh's parents and several family members of
the victim, Adolfo Romeo De Leon Lopez, 34, of San Rafael.
The charges contained no hate-crime allegations, shedding no additional
light on potential motives for the shooting. Witnesses have told De Leon's
family that the gunman shouted ethnic slurs against the two victims, who
are natives of Guatemala, but investigators have not confirmed bigotry as
a motive.
"At this point, there is no hate-crime allegation," said Marin County
District Attorney Ed Berberian. "It's still an open question in our mind."
Even without hate crime charges, Middagh, a 48-year-old San Rafael
resident, could receive 50 years to life on the murder count and 34 years
to life on the attempted murder count, Berberian said.
"He could have consecutive life sentences, theoretically," he said.
As currently filed, the charges lack the special circumstances that would
make the case eligible for the death penalty.
Middagh, who is being held without bail, was scheduled to return to court
Monday to enter a plea. Tara Ann Higgins, Middagh's court-appointed
defense attorney, did not return a call for comment.
The shooting occurred at 11:15 p.m. Monday outside an apartment building
at 192 Belvedere St. in the Canal neighborhood. Police said the gunman
shot De Leon in the abdomen and another man, identified in court documents
as Jeronimo Diaz, in the leg.
Police heard the gunshots and saw a man with a gun near the scene. The
gunman fled and eluded police near the Lexus dealership on East Francisco
Boulevard, prompting a manhunt that lasted several hours.
Middagh was arrested after police found him clinging to a dock in the
canal. A handgun belonging to Middagh was found near the dock several
hours later, and police said the .45-caliber weapon matches the casings
found at the scene of the shooting.
In addition to the charges filed Friday, prosecutor Barry Borden also
filed a petition to revoke Middagh's probation in a prior case. In a plea
bargain in August 2005, Middagh pleaded guilty to unlawfully carrying a
concealed weapon and drunken driving, while prosecutors dropped charges of
disturbing the peace and carrying a loaded firearm.
The court hearing was attended by De Leon's brother and sister-in-law and
several of their supporters, including Roberto Trapaga, a Berkeley-based
social activist representing Guatemalan immigrants. Trapaga said he was
monitoring the case to ensure that Middagh, the grandson of a late Marin
undersheriff and son of a retired county official, did not get favorable
treatment.
"We want justice," he said.
A memorial service for De Leon has been scheduled for 6 p.m. Wednesday at
Mount Tamalpais Mortuary at 2500 Fifth Ave. in San Rafael.
Memorial contributions can be sent to the De Leon Family Fund, c/o
Citibank, 1004 Northgate Drive, San Rafael, CA 94903. The account number
is 40031685270.
(source: Marin Independent Journal)