Men held in Kerman couple’s killing released from jail after waiting 11 years for trial
Two men, who were involved in the 2009 double murder and robbery of a Kerman couple, were ordered released from jail Tuesday after waiting 11 years for their case to be resolved.
Andrew Jones, 29, and Chris Butler, 45, were part of a six-person crew who in the summer of 2009 planned to steal high-grade marijuana from the home of small-business-owner Gary De Bartolo and his wife Sandra De Bartolo, a secretary at Kerman High School.
But the robbery went awry when one of the accused robbers, Leroy Johnson, murdered the De Bartolos with a knife, investigators said. Also arrested were Dawn Singh, Neko Wilson and Jose Reyes.
Police caught all six of the suspects and they were each charged with double murder along with robbery. At the time, California operated under the felony murder rule, meaning a defendant can be held criminally liable if someone dies during a felony, like a burglary or robbery — even if the person wasn’t the one who did the killing.
But in 2018, then-Gov. Jerry Brown signed a new law making the murder rule more stringent. Under the new law, a defendant can only be convicted of murder if he or she “was the actual killer” or a major participant who “aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer.”
For Butler and Jones, the change in the law meant they were able to plead to lesser charges. And be released for time served.
Murder charges against defendant Neko Wilson were dropped. He pleaded guilty to two counts of robbery. He was released in 2018 after being held at the Fresno County jail for nine years, the exact length of his prison sentence.
Singh was the first to go to trial in 2016 and she was convicted of double murder and robbery. The murder convictions were later dismissed and she was also given credit for time served and released from custody.
Men walked free Tuesday
Butler and Jones had pleaded guilty in 2010 to manslaughter and robbery, but were able to withdraw their pleas and enter guilty pleas to two counts of robbery with a gun enhancement. The maximum sentence, 12 years.
“The fact of the matter is that he has already served that time taking into considering actual time and time credits,” said Roger Nuttall, Butler’s attorney. “His family knows he is getting out and he is very happy.”
Butler and Jones were expected to be in court Tuesday to enter new pleas, but Jones tested positive for COVID-19 and was not allowed to leave the quarantine area of the jail. Butler has been exposed, but his test has not come back yet, Nuttal said.
Judge John Vogt ordered the two men back to court on July 28 to finalize their plea agreements. But in the meantime, he released them on their own recognizance.
The judge was slightly hesitant to release Jones because he is infected, but his attorney Doug Foster said his family is making arrangements to take care of him.
“His family will take full responsibility of him,” Foster said. “He has a lot of support.”
Reyes is still in jail. His attorney Antonio Alvarez said he awaiting sentencing that can not happen until Johnson’s trial is done.
Johnson is facing the death penalty and his trial has been delayed several times, most recently by COVID-19. The estimated date of his trial is Oct. 7.
