Our firm successfully reduced a second-degree murder charge (PC 187) to voluntary manslaughter, resulting in a 1-year custody sentence instead of life in prison.

Put simply, the nationally recognized defense firm Eisner Gorin represented a husband and father charged with second-degree murder following the shooting death of a homeless individual in Culver City.

The client was charged with violation of Penal Code Section 187, murder, which was ultimately dismissed at the preliminary hearing, and the client was released on reduced bail.

Key Takeaways

• Defending a murder case involves securing experienced counsel, thoroughly investigating facts, and challenging prosecution evidence.
• In murder cases, typical prosecution evidence involves forensic analysis or witness testimonies.
• A defense lawyer will often attempt to establish an affirmative defense (such as self-defense or alibi), negotiate plea deals, and prepare for trial by focusing on reasonable doubt, mental state, or actual innocence to avoid severe penalties such as life in prison or the death penalty
• he difference between a murder and a manslaughter conviction in California can be measured in decades.

In straightforward terms, defending a murder case in California includes several important steps.

Here is an overview of those steps, based on the murder case our California criminal defense lawyers successfully defended in Culver City.

STEP ONE - JAIL VISIT, DEVELOPING A CASE STRATEGY

Our criminal defense attorneys, Dmitry Gorin and Alan Eisner, met with the client at the LAPD Jail to review the facts of the murder case, determine a case strategy, and plan the strategy for the Arraignment and for arguing for lower bail during the upcoming court hearings.

STEP TWO - REVIEWING POLICE REPORTS, AND ARGUING TO REDUCE BAIL

The police reports revealed that the client operated a taco stand on a busy street, assisted by his wife and several of his children. The victim would frequent the area. The victim had a reputation for drug use, threats, and violence, and had a lengthy criminal history.

He began harassing the family as they attempted to operate their business. The harassment escalated to threats over time, including the possible theft of the family's electric generator by the individual.

The individual also exposed himself to the client's young daughter and threatened to kill him or his son if they reported him to the police. The pattern of harassment came to a head when the victim beat the client severely enough that he was forced to miss work for an extended period.

One night, the client and his son went out to the taco stand to check on their property and encountered the victim. Words were exchanged, which the evidence later showed included the victim once again threatening the client.

The client, who had armed himself with a pistol, chased the victim on foot and ultimately shot him multiple times in the back, killing him. The client confessed to the shooting when questioned by police and explained his motivation for the killing.

Based on this evidence, the defense successfully argued for a bail reduction from over $1,000,000 to $100,000. The client posted bail and was released from custody.

STEP THREE - DISMISSAL OF MURDER CHARGE AT THE PRELIMINARY HEARING DUE TO LEGAL DEFENSE OF PROVOCATION

After a preliminary hearing, the case was dismissed in the trial court pursuant to Penal Code § 995.

The defense successfully argued that the preliminary hearing court had applied the wrong legal standard when assessing the defense's theories of either imperfect self-defense or provocation, either of which would reduce the murder charge to manslaughter and thereby eliminate the threat of a life sentence.

Under a provocation theory, a murder defendant lacks the requisite mental state when he is provoked to violence by a threat that would cause a reasonable person to act without reflection.

Critically, provocation can be sudden or can build up over time. Imperfect self-defense is proven where the defendant honestly, but unreasonably, believes that deadly force is required to prevent imminent harm to himself or another.

The prosecutor could not show probable cause on this issue and suffered a dismissal.

STEP FOUR - DEFENSE EXPERT TESTIFIES AS PROVOCATION AND MENTAL HEALTH ISSUES AT THE PRELIMINARY HEARING

A defense psychological expert testified to mental health issues at another preliminary hearing. Again, after applying the probable cause standard, the preliminary hearing judge found insufficient evidence of second-degree murder and reduced the charge to voluntary manslaughter.

In total, the prosecutor failed to present sufficient evidence to sustain a murder charge before trial. This was important because the charge of murder carries a possible life sentence and was now fully dismissed.

STEP FIVE - CASE SETTLEMENT NEGOTIATIONS AND PLEA AGREEMENT IN THE TRIAL COURT BEFORE A JURY TRIAL

The defendant was now in the trial court facing a reduced manslaughter charge, but the parties were unable to reach a negotiated resolution after plea negotiations. These negotiations lasted for many months with our defense attorneys and the district attorneys prosecuting the murder case.

To avoid a harsher jury verdict and lengthy prison sentence, the client pled "open" to the trial judge, accepting responsibility for the reduced manslaughter charge with a firearm.

He did not have a viable legal or factual defense at trial to the manslaughter, as the entire incident was captured on a nearby video camera.

STEP SIX - SENTENCING PROCEEDINGS WITH THE TRIAL JUDGE AND EISNER GORIN DEFENSE ATTORNEYS

The parties litigated a lengthy contested sentencing hearing, presenting evidence of mitigation, mental health, and all other relevant information to the judge, including statements from the client's family about his strong and positive background.

The defense argued for a probationary sentence based on the unusual circumstances of the shooting and the client's lack of any prior record. The District Attorney's office argued for a mid-term sentence of 6 years in state prison.

The trial court split the difference, sentencing the client to the low term of 3 years in state prison and recommending that the client be permitted to participate in a fire camp, further reducing his actual custody time.

Combined with presentence credits, the client did a minimal amount of additional custody time before his release. He served approximately one year in custody, in a case where he was facing life in prison after his arrest.

This case was notable not only for the extensive motion practice and pretrial litigation, which resulted in the reduction of the murder charge to manslaughter, but also for the recognition by all parties that the facts were extremely mitigating.

The trial court remarked that the client had made a terrible decision in the face of an extremely frightening situation and that society could not simply excuse the killing of another human being, no matter how sympathetic the client's motivation to protect his family.

However, the court showed mercy for our client after the defense arguments and did not impose the most severe sentence possible, up to twenty-one years in prison.

Contact our Defense Lawyers for Help

In summary, if you are under investigation or charged with Penal Code 187 PC murder, contact the California criminal defense lawyers at Eisner Gorin LLP for a case evaluation.

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