Fresno County jury reaches verdict in brutal murder, robbery of Kerman couple
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Accused killer Leroy Anthony Johnson was found guilty Tuesday for the grisly murders of Kerman couple Gary and Sandra De Bartolo during a 2009 home invasion robbery.
Johnson, 54, sobbed quietly as Judge John Vogt read the word guilty to the charges of first-degree murder, attempted murder, mayhem and second-degree robbery.
The jury also agreed to a special circumstances enhancement that sets the stage for the punishment phase of the trial: the death penalty or life in prison without the possibility of parole.
California Gov. Gavin Newsom issued an executive moratorium on California’s death penalty that remains in effect until he is no longer governor.
Prosecutor Billy Lacy declined to comment after the verdict, saying the case is still ongoing. And David Mugridge, one of Johnson’s two attorneys, would only say, “The jury has spoken.”
Judge Vogt instructed the jury to return to the courtroom Sept. 8 for the second phase of Johnson’s death penalty trial.
Mugridge has lined up experts and family members to testify on why Johnson does not deserve to be put to death. He expects testimony to last through Sept. 27.
Although Mugridge would not say who he expects to call as expert witnesses, he did say he has been working on this phase of the case for years.
“This is going to be one of biggest defense death penalty cases you have ever seen in Fresno County,” Mugridge said.
Background on the murders
The Kerman murders shocked the community during the summer of 2009. Gary De Bartolo was a small-business-owner and his wife Sandra De Bartolo was a secretary at Kerman High School.
When police found them inside their modest home on July 22, 2009, they were both dead, their throats had been slashed. Detectives testified that the couple were killed during a botched robbery involving six people searching for money and marijuana.
Those involved in the robbery included Andrew Jones, Chris Butler, Dawn Singh, Neko Wilson, Johnson and Jose Reyes, who testified during Johnson’s trial.
Reyes told the jury only he and Johnson entered the De Bartolo’s home to steal the marijuana and money. But Gary De Bartolo denied there was any money or cannabis in the home, other than several small plants.
As Johnson took Gary De Bartolo into their son’s bedroom, Reyes testified that he saw Johnson slice De Bartolo’s throat. Shocked at what Johnson had done, Reyes ran out of the house. As he passed one of the bedrooms, he saw Sandra De Bartolo laying on the floor in a pool of blood.
All of their co-defendant’s cases have been resolved except for Johnson and Reyes. As part of his plea agreement, Reyes pleaded guilty to several felonies including two counts of voluntary manslaughter with a gun enhancement. He faces up to 32 years in jail, instead of life in prison without the possibility of parole.
