Did jurors miss key evidence in a Fresno County couple’s murders? Here’s what a judge decided
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Attorneys for Leroy Johnson, who was convicted last year of killing couple Gary and Sandra De Bartolo, argued trial jurors missed key evidence in the case that shocked the Kerman community.
However, Fresno County Judge John Vogt wasn’t swayed by their arguments, denying their motion for a new trial on Wednesday.
That means 54-year-old Johnson will now begin his life prison sentence without the possibility of parole, for murdering the De Bartolos during a 2009 robbery attempt where he slashed their throats.
Johnson was able to escape the death penalty after the jury rejected the punishment.
His legal team David Mugridge and Mark King maintained Johnson couldn’t have committed the murders. “It is physically and factually impossible,” Mugridge said.
In their motion for a new trial, the lawyers said that evidence introduced at the trial shows that Gary De Bartolo called 911 at 9:47 a.m. to say his throat was slashed and his wife was murdered. But law enforcement officers who had the house under surveillance reported that Johnson and his co-defendants arrived at the De Bartolo’s house at 9:48 a.m.
Mugridge has also filed an appeal of Johnson’s conviction.
Background on the homicides
The Kerman murders shocked the west Fresno County community that summer. 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, both were 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 testified 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 testified to jurors he 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 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.
