Anthony Thomas Garcia, 62, was found guilty of first-degree murder in the April 11, 2015 killing of Abelardo Lopez Estacion. (Courtesy Orange County District Attorney’s Office)

A Nevada handyman was convicted Tuesday for the killing of an 81-year-old man who was strangled to death in the bedroom of a Newport Beach home six years ago.

An Orange County Superior Court jury found 62-year-old Anthony Thomas Garcia guilty of first-degree murder for the April 11, 2015 killing of Abelardo Lopez Estacion.

However, the jury concluded that the killing was not for financial reasons. Such a finding would have resulted in murder in special circumstances, which would likely have resulted in a life sentence with no possibility of parole.

The conviction comes less than a year after another jury failed to reach a verdict, resulting in a mistrial and a second trial. The second trial was postponed several times mid-testimony after Garcia was placed under temporary quarantine due to exposure to other prison inmates who tested positive for COVID-19.

The murder came amid an ugly dispute over the estate of Dortha Lamb, Estacion’s dying wife. Garcia was Lamb’s granddaughter’s former boyfriend, and two of Garcia’s daughters were Lamb’s great-granddaughters.

At the start of Garcia’s latest trial, Assistant District Attorney Seton Hunt told the jury the case was about “family, greed, hatred and deceit.”

Lamb — a self-made woman who owned valuable properties in Newport Beach, San Clemente, and Costa Mesa — had been with Estacion for more than 20 years but only married him shortly before his death. At the time of Estacion’s assassination, Lamb was dying of terminal cancer and suffering from dementia.

According to testimony given at the trial, Garcia and some of Lamb’s relatives believed Estacion was abusing Lamb and taking advantage of her health problems to withdraw money from her accounts. According to witnesses, Garcia had told others that he wanted to kill Estacion.

A legal battle ensued, during which Lamb’s family took her out of their Newport Beach home and attempted to evict Estacion and ban him from contact with Lamb. A judge delayed deciding whether to grant an injunction against Estacion.

Hours later, someone entered the Newport Beach home, disconnected power, and choked, beat, and strangled Estacion.

Prosecutors allege that Garcia drove from Carson City to Newport Beach to kill Estacion and then immediately drove back. They say he left his cellphone with his adult daughter, Samantha Garcia, to make it appear like he was still in Nevada.

Samantha Garcia initially told investigators that she was in possession of her father’s cellphone the night Estacion was killed, and conducted a fake text conversation between the two. But in both trials, the daughter denied those claims, saying investigators pressured her to lie and said she didn’t have her father’s cellphone that night.

During the trial, Garcia’s attorney, Alisha Montoro, described Garcia as a non-violent, devoted family man who lived a simple life. Defense attorneys denied that Garcia believed his daughters were entitled to Lamb’s money and told the jury that Garcia was not even in California on the night of the murder.

Garcia is scheduled to return to court for sentencing on April 28. He faces up to 25 years to life imprisonment.

The post Nevada handyman convicted of 2015 killing of 81-year-old California man – East Bay Instances appeared first on DAILY SAN FRANCISCO BAY NEWS.

An 81-year-old San Francisco resident was told she had to leave her home.

As the San Francisco Chronicle first reported, a note was posted on the door of Rosemarie Benter’s Page Street condo on April 20, telling her she had three days to vacate the premises.

Benter said she bought her home decades ago, but a loan she took out to pay her property taxes created a chain of problems that led to her home being sold in a foreclosure sale. Benter told NBC Bay Area that she will not go out without a fight.

An 81-year-old San Francisco woman has been told she must vacate the home she has lived in for more than three decades. Kris Sanchez reports.

“Yes, I’m a tough old bird,” said Benter on Sunday.

Benter said she has lived in the Victorian home in San Francisco’s Upper Haight for more than three decades. She explained that she was able to initially own the house on a “joint lease” and then retain ownership when the unit was split into condominiums.

Benter said she took out a reverse mortgage on her property back in 2007.

Currently, Benter said, she’s dealing with a variety of health issues, including arthritis and the effects of a recent stroke. In July 2021, Benter said she sought help paying for her healthcare costs and property taxes. Benter said she was put in touch with a realtor who pressured her to sign papers to use her home to take out a loan.

Originally, Benter said she was told the loan would be $8,000, but the loan turned out to be more than $9,000 and then went up to over $13,000, including interest and fees.

“I was repeatedly told, ‘No, no, no, no one is going to kick you out for an eight thousand dollar bill,'” Benter said.

Then, in February 2023, Benter said, “There was a knock on my door, I think it was around 11 a.m., and the man said, ‘Hi, I’m here to repossess your house.'”

“And I said, ‘What do you mean?'” Benter recalled, “he said, ‘If you don’t have thirteen thousand dollars to pay this debt, it’s going to be sold in 29 minutes.'”

Benter said her home was sold at a foreclosure sale to the highest bidder.

An attorney for the buyer released a statement to NBC Bay Area on Monday.

“My client’s intention is to reside in this property, but if Ms. Benter wishes to buy it back, my client is willing to negotiate,” said attorney Joanna Kozubal.

Darren Orr, an attorney with the nonprofit Legal Aid for the Elderly of San Francisco, is now representing Benter. Orr explained that Benter contacted the nonprofit after the foreclosure sale and his team attempted to reverse the foreclosure, which they believe was based on a “completely unscrupulous and predatory loan.”

Benter said she was surprised to find the eviction notice on her door on Friday. She said whoever delivered the notification didn’t call her or ring her doorbell to let her know. Benter only found out about this from a reporter.

The statement states, “Eugene Gardner has acquired the property by escrow and title to the property has been duly completed.” The notice is signed by Kozubal.

Benter said when she saw the news, she panicked. “I was like, ‘This is it, Monday morning they’re going to show up with a sheriff and a truck and get me out of here.'”

But Orr explained that the scenario Benter envisioned was unlikely to materialize Monday, and that several other procedural steps would have to happen before Benter could be formally deported.

“Legally, we would expect that [Gardner] will seek eviction and unlawful detention to try to evict Ms. Benter as soon as possible. We will of course defend Ms. Benter in this lawsuit and we certainly hope to be successful in that,” Orr said.

On Monday, Orr said Benter will file a lawsuit against the broker and lender she worked with, as well as the new buyer. He said this lawsuit will prompt the court to find Benter as the rightful owner of the condo and seek damages for the damage caused to her.

Benter said she still hopes she can spend the rest of her life in her home.

If that’s not possible, she has no idea what she’s going to do.

“I can’t live on the streets and afford nothing,” she stressed.

The post New Purchaser of San Francisco Rental Tells 81-Yr-Previous Resident to Go away – NBC Bay Space appeared first on DAILY SAN FRANCISCO BAY NEWS.

Anthony Thomas Garcia, 63, was found guilty of first-degree murder for the April 11, 2015 killing of Abelardo Lopez Estacion. (Courtesy Orange County District Attorney’s Office)

A Nevada handyman found guilty of strangling an 81-year-old man in the bedroom of a Newport Beach home was sentenced to 25 years in prison on Monday, May 23.

Anthony Thomas Garcia, 63, continued to protest his innocence during his sentencing hearing in a Santa Ana courtroom, just over a year after an Orange County Superior Court jury found him guilty of first-degree murder in the April 11, 2015 murder found by Abelardo Lopez Estacion.

Garcia’s conviction came at the end of his second trial; A previous jury came to no verdict. The second jury found that the murder was not carried out for financial reasons, which had been claimed by prosecutors and could have resulted in a life sentence without the possibility of parole.

On Monday, Garcia told Orange County Superior Court Judge Sheila Hanson that his conviction was a “failure of the justice system.” …

“I was wrongly convicted of a crime I did not commit,” Garcia said. “I am an innocent man. I was always an innocent man.”

Estacion’s murder came amid an ugly dispute over the estate of Dortha Lamb, Estacion’s dying wife, who has since passed away. Garcia is Lamb’s granddaughter’s former boyfriend, and two of Garcia’s daughters are Lamb’s great-granddaughters.

Lamb was a self-made woman who owned valuable real estate in Newport Beach, San Clemente, and Costa Mesa. She was with Estacion for more than 20 years and married him shortly before his death. At the time, Lamb was dying of terminal cancer and suffering from dementia.

Garcia and some of Lamb’s relatives apparently believed Estacion was abusing Lamb and taking advantage of her health problems to siphon money from their accounts. According to testimonies during the trials, Garcia had told others he wanted to kill Estacion.

Lamb’s family took her out of the Newport Beach home she shared with Estacion and went to court to try to evict Estacion from the residence.

A judge delayed a decision on whether to grant an injunction against Estacion. Hours later, someone entered the Newport Beach home, cut the power, and choked, beat, and strangled Estacion.

Prosecutors charged Garcia with driving from Carson City to Newport Beach to kill Estacion, claiming he then immediately drove back to Nevada. They also claimed he left his cell phone with his adult daughter, Samantha Garcia, to make it look like he stayed in Nevada.

Samantha Garcia initially told investigators she had her father’s cellphone on the night of the murder and sent fake text calls between his cellphone and hers. But during both trials, the daughter recanted those earlier claims, claiming detectives pressured her to lie about possession of the phone.

During the trials, Garcia’s attorney, Alisha Montoro, described him as a non-violent, devoted family man who lived a simple life. Defense attorneys dismissed prosecutors’ allegations that Garcia believed his daughter was entitled to Lamb’s money. She said Garcia wasn’t even in California on the night of the murders.

During the sentencing hearing, Clara Sanchez, Garcia’s sister, described him as fun, kind and selfless, adding that he was “generous and error-prone.” She denied that he was ever “a violent or aggressive person”. …

“We are all so proud that he was able to survive in an unfair and biased justice system,” Sanchez told the judge.

Defense attorneys unsuccessfully requested a new trial, alleging, among other things, that some jurors fell asleep during the second trial and that one juror used his own medical experience to claim the death could only have been homicide.

The judge described claims that the jury fell asleep as “not credible” and said the cause-of-death debate appeared to be based on opinions drawn from in-court testimonies, not external evidence

“Nothing I say will make Mr. Garcia or Mr. Garcia’s family feel any better,” Judge Hanson said. “But make no mistake, I would not proceed with the sentencing if, in the court’s view, Mr Garcia was an innocent man.”

The post Handyman will get life for killing 81-year-old California man appeared first on DAILY SAN FRANCISCO BAY NEWS.

Anthony Thomas Garcia, 63, was found guilty of first-degree murder for the April 11, 2015 killing of Abelardo Lopez Estacion. (Courtesy Orange County District Attorney’s Office)

A Nevada handyman found guilty of strangling an 81-year-old man in the bedroom of a Newport Beach home was sentenced to 25 years in prison on Monday, May 23.

Anthony Thomas Garcia, 63, continued to protest his innocence during his sentencing hearing in a Santa Ana courtroom, just over a year after an Orange County Superior Court jury found him guilty of first-degree murder in the April 11, 2015 murder found by Abelardo Lopez Estacion.

Garcia’s conviction came at the end of his second trial; A previous jury came to no verdict. The second jury found that the murder was not carried out for financial reasons, which had been claimed by prosecutors and could have resulted in a life sentence without the possibility of parole.

On Monday, Garcia told Orange County Superior Court Judge Sheila Hanson that his conviction was a “failure of the justice system.” …

“I was wrongly convicted of a crime I did not commit,” Garcia said. “I am an innocent man. I was always an innocent man.”

Estacion’s murder came amid an ugly dispute over the estate of Dortha Lamb, Estacion’s dying wife, who has since passed away. Garcia is Lamb’s granddaughter’s former boyfriend, and two of Garcia’s daughters are Lamb’s great-granddaughters.

Lamb was a self-made woman who owned valuable real estate in Newport Beach, San Clemente, and Costa Mesa. She was with Estacion for more than 20 years and married him shortly before his death. At the time, Lamb was dying of terminal cancer and suffering from dementia.

Garcia and some of Lamb’s relatives apparently believed Estacion was abusing Lamb and taking advantage of her health problems to siphon money from their accounts. According to testimonies during the trials, Garcia had told others he wanted to kill Estacion.

Lamb’s family took her out of the Newport Beach home she shared with Estacion and went to court to try to evict Estacion from the residence.

A judge delayed a decision on whether to grant an injunction against Estacion. Hours later, someone entered the Newport Beach home, cut the power, and choked, beat, and strangled Estacion.

Prosecutors charged Garcia with driving from Carson City to Newport Beach to kill Estacion, claiming he then immediately drove back to Nevada. They also claimed he left his cell phone with his adult daughter, Samantha Garcia, to make it look like he stayed in Nevada.

Samantha Garcia initially told investigators she had her father’s cellphone on the night of the murder and sent fake text calls between his cellphone and hers. But during both trials, the daughter recanted those earlier claims, claiming detectives pressured her to lie about possession of the phone.

During the trials, Garcia’s attorney, Alisha Montoro, described him as a non-violent, devoted family man who lived a simple life. Defense attorneys dismissed prosecutors’ allegations that Garcia believed his daughter was entitled to Lamb’s money. She said Garcia wasn’t even in California on the night of the murders.

During the sentencing hearing, Clara Sanchez, Garcia’s sister, described him as fun, kind and selfless, adding that he was “generous and error-prone.” She denied that he was ever “a violent or aggressive person”. …

“We are all so proud that he was able to survive in an unfair and biased justice system,” Sanchez told the judge.

Defense attorneys unsuccessfully requested a new trial, alleging, among other things, that some jurors fell asleep during the second trial and that one juror used his own medical experience to claim the death could only have been homicide.

The judge described claims that the jury fell asleep as “not credible” and said the discussion of the cause of death appeared to be based on opinions drawn from testimony in the courtroom, not external evidence

“Nothing I say will make Mr. Garcia or Mr. Garcia’s family feel any better,” Judge Hanson said. “But make no mistake, I would not proceed with the sentencing if, in the court’s view, Mr Garcia was an innocent man.”

The post Handyman will get life for killing 81-year-old California man appeared first on DAILY SAN FRANCISCO BAY NEWS.

A Nevada handyman convicted of strangling to death an 81-year-old man in the bedroom of a Newport Beach home was sentenced Monday, May 23, to 25 years to life in prison.

Anthony Thomas Garcia, 63, continued to profess his innocence during his sentencing hearing in a Santa Ana courtroom, a little more than a year after an Orange County Superior Court jury found him guilty of first-degree murder for the April 11, 2015, slaying of Abelardo Lopez Station.

Garcia’s conviction came at the end of his second trial; an earlier jury did not reach a verdict. The second jury found the killing was not carried out for financial gain, which had been alleged by prosecutors and could have led to a sentence of life without the possibility of parole.

On Monday, Garcia told Orange County Superior Court Judge Sheila Hanson that his conviction was a “failure of the justice system. …

“I have been wrongly convicted of a crime I did not commit,” Garcia said. “I am an innocent man. I have always been an innocent man.”

Estacion’s killing came in the midst of an ugly fight over the estate of Dortha Lamb, Estacion’s dying wife who has since died. Garcia is the former boyfriend of Lamb’s granddaughter and two of Garcia’s daughters are Lamb’s great-granddaughters.

Lamb was a self-made woman who owned valuable real estate in Newport Beach, San Clemente and Costa Mesa. She had been with Estacion for more than 20 years, marrying him shortly before his death. At the time, Lamb was dying from terminal cancer and suffering from dementia.

Garcia and some of Lamb’s relatives apparently believed Estacion was abusing Lamb and taking advantage of her health issues to siphon money from her accounts. According to testimony during the trials, Garcia had told others he wanted to kill Estacion.

Lamb’s family got her out of the Newport Beach home she shared with Estacion, and went to court to try to get Estacion kicked out of the residence.

A judge delayed a decision on whether to approve a temporary restraining order against Estacion. Hours later, someone entered the Newport Beach home, cut the power and smothered, struck and strangled Estacion.

Prosecutors accused Garcia of driving from Carson City to Newport Beach to kill Estacion, alleging he then immediately drove back to Nevada. They also alleged he left his cell phone with his adult daughter, Samantha Garcia, to make it look like he had stayed in Nevada.

Samantha Garcia initially told investigators she had her father’s cell phone the night of the killing and sent fake text conversations between his cell phone and hers. But during both trials the daughter recanted those earlier claims, alleging detectives pressured her to lie about having the cell phone.

During the trials, Garcia’s attorney, Alisha Montoro, described him as a non-violent, devoted family man who lived a simple life. The defense attorney denied the allegations by prosecutors that Garcia believed his daughter’s were entitled to Lamb’s money. She said Garcia wasn’t even in California the night of the killings.

During the sentencing, Clara Sanchez, Garcia’s sister, described him as funny, kind and unselfish, adding that he is “generous and giving to a fault.” She denied that he has ever been “a violent or aggressive human being. …

“We are all so proud that he has been able to survive in an unfair and prejudiced judicial system,” Sanchez told the judge.

The defense attorney unsuccessfully requested a new trial, alleging, among other things, that some jurors had fallen asleep during the second trial and that a juror had cited their own medical experience to claim the death could only have been a homicide.

The judge described the allegations of jurors falling asleep as “not credible” and said the discussion about the cause of death appears to have been based on opinions formed from courtroom testimony, not outside evidence

“Nothing I say will make this feel better for Mr Garcia or Mr Garcia’s family,” Judge Hanson said. “But make no mistake, I would not proceed with sentencing if in the court’s view Mr. Garcia was an innocent man.”

The post Nevada handyman will get life for killing 81-year-old man in Newport Seaside – Orange County Register appeared first on DAILY SAN FRANCISCO BAY NEWS.

A Nevada handyman was convicted Tuesday of killing an 81-year-old man who was strangled six years ago in the bedroom of a Newport Beach home.

An Orange County Superior Court jury found Anthony Thomas Garcia, 62, guilty of first degree murder for the April 11, 2015 slaying of Abelardo Lopez Estacion.

The jury, however, found the killing was not carried out for financial gain. Such a determination would have made it a special circumstances murder, which would have led to a likely sentence of life without the possibility of parole.

The conviction comes less than a year after another jury was unable to reach a verdict, leading to a mistrial and a second trial. The second trial was delayed several times mid-testimony after Garcia was placed in temporary quarantine due to being exposed to other jail inmates who tested positive for COVID-19.

The killing came in the midst of an ugly fight over the estate of Dortha Lamb, Estacion’s dying wife. Garcia was the former boyfriend of Lamb’s granddaughter, and two of Garcia’s daughters were Lamb’s great-granddaughters.

At the beginning of Garcia’s latest trial, Deputy District Attorney Seton Hunt told jurors that the case was about “family, greed, hatred and deception.”

Lamb – a self-made woman who owned valuable real estate in Newport Beach, San Clemente and Costa Mesa – had been with Estacion for more than 20 years, but only married him shortly before his death. At the time of Estacion’s slaying, Lamb was dying from terminal cancer and suffering from dementia.

According to testimony during the trials, Garcia and some of Lamb’s relatives believed that Estacion was abusing Lamb and taking advantage of her health issues to siphon money from her accounts. Garcia had told others that he wanted to kill Estacion, according to testimony.

A legal battle broke out, with Lamb’s family taking her from her Newport Beach home and trying to get Estacion kicked out of the residence and barred from contacting Lamb. A judge delayed a decision on whether to approve a temporary restraining order against Estacion.

Hours later, someone entered the Newport Beach home, cut power to the residence, and then smothered, struck, and strangled Estacion.

Prosecutors allege that Garcia drove from Carson City to Newport Beach to kill Estacion, then immediately drove back. They say he left his cell phone with his adult daughter, Samantha Garcia, to make it look like he was still in Nevada.

Samantha Garcia initially told investigators that she had her father’s cell phone the night of Estacion’s killing and carried out a fake text conversation between the two of them. But during both trials the daughter recanted those claims, alleging detectives pressured her to lie and saying she didn’t have her father’s cell phone that night.

During the trials, Garcia’s attorney, Alisha Montoro, described Garcia as a non-violent, devoted family man who lived a simple life. The defense attorney denied that Garcia believed his daughters were entitled to Lamb’s money, and told jurors that Garcia wasn’t even in California the night of the killing.

Garcia is scheduled to return to court for sentencing on April 28. He faces up to 25 years to life in prison.

The post Nevada handyman convicted of 2015 killing of 81-year-old California man – East Bay Instances appeared first on DAILY SAN FRANCISCO BAY NEWS.

A Nevada handyman convicted of strangling to death an 81-year-old man in the bedroom of a Newport Beach home was sentenced Monday, May 23, to 25 years to life in prison.

Anthony Thomas Garcia, 63, continued to profess his innocence during his sentencing hearing in a Santa Ana courtroom, a little more than a year after an Orange County Superior Court jury found him guilty of first-degree murder for the April 11, 2015, slaying of Abelardo Lopez Station.

Garcia’s conviction came at the end of his second trial; an earlier jury did not reach a verdict. The second jury found the killing was not carried out for financial gain, which had been alleged by prosecutors and could have led to a sentence of life without the possibility of parole.

On Monday, Garcia told Orange County Superior Court Judge Sheila Hanson that his conviction was a “failure of the justice system. …

“I have been wrongly convicted of a crime I did not commit,” Garcia said. “I am an innocent man. I have always been an innocent man.”

Estacion’s killing came in the midst of an ugly fight over the estate of Dortha Lamb, Estacion’s dying wife who has since died. Garcia is the former boyfriend of Lamb’s granddaughter and two of Garcia’s daughters are Lamb’s great-granddaughters.

Lamb was a self-made woman who owned valuable real estate in Newport Beach, San Clemente and Costa Mesa. She had been with Estacion for more than 20 years, marrying him shortly before his death. At the time, Lamb was dying from terminal cancer and suffering from dementia.

Garcia and some of Lamb’s relatives apparently believed Estacion was abusing Lamb and taking advantage of her health issues to siphon money from her accounts. According to testimony during the trials, Garcia had told others he wanted to kill Estacion.

Lamb’s family got her out of the Newport Beach home she shared with Estacion, and went to court to try to get Estacion kicked out of the residence.

A judge delayed a decision on whether to approve a temporary restraining order against Estacion. Hours later, someone entered the Newport Beach home, cut the power and smothered, struck and strangled Estacion.

Prosecutors accused Garcia of driving from Carson City to Newport Beach to kill Estacion, alleging he then immediately drove back to Nevada. They also alleged he left his cell phone with his adult daughter, Samantha Garcia, to make it look like he had stayed in Nevada.

Samantha Garcia initially told investigators she had her father’s cell phone the night of the killing and sent fake text conversations between his cell phone and hers. But during both trials the daughter recanted those earlier claims, alleging detectives pressured her to lie about having the cell phone.

During the trials, Garcia’s attorney, Alisha Montoro, described him as a non-violent, devoted family man who lived a simple life. The defense attorney denied the allegations by prosecutors that Garcia believed his daughter’s were entitled to Lamb’s money. She said Garcia wasn’t even in California the night of the killings.

During the sentencing, Clara Sanchez, Garcia’s sister, described him as funny, kind and unselfish, adding that he is “generous and giving to a fault.” She denied that he has ever been “a violent or aggressive human being. …

“We are all so proud that he has been able to survive in an unfair and prejudiced judicial system,” Sanchez told the judge.

The defense attorney unsuccessfully requested a new trial, alleging, among other things, that some jurors had fallen asleep during the second trial and that a juror had cited their own medical experience to claim the death could only have been a homicide.

The judge described the allegations of jurors falling asleep as “not credible” and said the discussion about the cause of death appears to have been based on opinions formed from courtroom testimony, not outside evidence

“Nothing I say will make this feel better for Mr Garcia or Mr Garcia’s family,” Judge Hanson said. “But make no mistake, I would not proceed with sentencing if in the court’s view Mr. Garcia was an innocent man.”

The post Handyman will get life for killing 81-year-old California man appeared first on DAILY SAN FRANCISCO BAY NEWS.

MEMPHIS, Tenn. — A Fox Meadows man was convicted Friday of raping an 81-year-old woman who lived in the same area and who had previously hired him to do yard work and other chores, said Shelby County Dist. atty Gen. Amy Weirich.

Matthew James Smith, 39, was convicted of aggravated rape, robbery, aggravated burglary, and theft over $10,000.

According to investigators, the assault happened around 2 am on Feb. 16, 2020, in the 3000 block of Flint Drive.

A man identified as Smith entered the woman’s bedroom and raped her, breaking two of her ribs in the process.

Smith also took two televisions which he loaded into the woman’s Jeep Cherokee and drove away.

Later, the Jeep and TVs were found less than a mile away, just three houses from Smith’s house.

Investigators found a jacket left behind in the woman’s home. Smith’s wallet with his state ID was inside.

The woman’s husband knew said he recognized a man he as “Matthew” grab their car keys as he ran out of the house to the garage and drove away in their car.

Smith was arrested later that same day.

He will be sentenced next month, the DA said.

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The post Fox Meadows handyman convicted in rape of 81-year-old neighbor, DA says – FOX13 Information Memphis appeared first on DAILY SAN FRANCISCO BAY NEWS.

A Nevada handyman convicted of strangling to death an 81-year-old man in the bedroom of a Newport Beach home was sentenced Monday, May 23, to 25 years to life in prison.

Anthony Thomas Garcia, 63, continued to profess his innocence during his sentencing hearing in a Santa Ana courtroom, a little more than a year after an Orange County Superior Court jury found him guilty of first-degree murder for the April 11, 2015, slaying of Abelardo Lopez Station.

Garcia’s conviction came at the end of his second trial; an earlier jury did not reach a verdict. The second jury found the killing was not carried out for financial gain, which had been alleged by prosecutors and could have led to a sentence of life without the possibility of parole.

On Monday, Garcia told Orange County Superior Court Judge Sheila Hanson that his conviction was a “failure of the justice system. …

“I have been wrongly convicted of a crime I did not commit,” Garcia said. “I am an innocent man. I have always been an innocent man.”

Estacion’s killing came in the midst of an ugly fight over the estate of Dortha Lamb, Estacion’s dying wife who has since died. Garcia is the former boyfriend of Lamb’s granddaughter and two of Garcia’s daughters are Lamb’s great-granddaughters.

Lamb was a self-made woman who owned valuable real estate in Newport Beach, San Clemente and Costa Mesa. She had been with Estacion for more than 20 years, marrying him shortly before his death. At the time, Lamb was dying from terminal cancer and suffering from dementia.

Garcia and some of Lamb’s relatives apparently believed Estacion was abusing Lamb and taking advantage of her health issues to siphon money from her accounts. According to testimony during the trials, Garcia had told others he wanted to kill Estacion.

Lamb’s family got her out of the Newport Beach home she shared with Estacion, and went to court to try to get Estacion kicked out of the residence.

A judge delayed a decision on whether to approve a temporary restraining order against Estacion. Hours later, someone entered the Newport Beach home, cut the power and smothered, struck and strangled Estacion.

Prosecutors accused Garcia of driving from Carson City to Newport Beach to kill Estacion, alleging he then immediately drove back to Nevada. They also alleged he left his cell phone with his adult daughter, Samantha Garcia, to make it look like he had stayed in Nevada.

Samantha Garcia initially told investigators she had her father’s cell phone the night of the killing and sent fake text conversations between his cell phone and hers. But during both trials the daughter recanted those earlier claims, alleging detectives pressured her to lie about having the cell phone.

During the trials, Garcia’s attorney, Alisha Montoro, described him as a non-violent, devoted family man who lived a simple life. The defense attorney denied the allegations by prosecutors that Garcia believed his daughter’s were entitled to Lamb’s money. She said Garcia wasn’t even in California the night of the killings.

During the sentencing, Clara Sanchez, Garcia’s sister, described him as funny, kind and unselfish, adding that he is “generous and giving to a fault.” She denied that he has ever been “a violent or aggressive human being. …

“We are all so proud that he has been able to survive in an unfair and prejudiced judicial system,” Sanchez told the judge.

The defense attorney unsuccessfully requested a new trial, alleging, among other things, that some jurors had fallen asleep during the second trial and that a juror had cited their own medical experience to claim the death could only have been a homicide.

The judge described the allegations of jurors falling asleep as “not credible” and said the discussion about the cause of death appears to have been based on opinions formed from courtroom testimony, not outside evidence

“Nothing I say will make this feel better for Mr Garcia or Mr Garcia’s family,” Judge Hanson said. “But make no mistake, I would not proceed with sentencing if in the court’s view Mr. Garcia was an innocent man.”

The post Handyman will get life for killing 81-year-old California man appeared first on DAILY SAN FRANCISCO BAY NEWS.

A Nevada handyman convicted of strangling to death an 81-year-old man in the bedroom of a Newport Beach home was sentenced Monday, May 23, to 25 years to life in prison.

Anthony Thomas Garcia, 63, continued to profess his innocence during his sentencing hearing in a Santa Ana courtroom, a little more than a year after an Orange County Superior Court jury found him guilty of first-degree murder for the April 11, 2015, slaying of Abelardo Lopez Station.

Garcia’s conviction came at the end of his second trial; an earlier jury did not reach a verdict. The second jury found the killing was not carried out for financial gain, which had been alleged by prosecutors and could have led to a sentence of life without the possibility of parole.

On Monday, Garcia told Orange County Superior Court Judge Sheila Hanson that his conviction was a “failure of the justice system. …

“I have been wrongly convicted of a crime I did not commit,” Garcia said. “I am an innocent man. I have always been an innocent man.”

Estacion’s killing came in the midst of an ugly fight over the estate of Dortha Lamb, Estacion’s dying wife who has since died. Garcia is the former boyfriend of Lamb’s granddaughter and two of Garcia’s daughters are Lamb’s great-granddaughters.

Lamb was a self-made woman who owned valuable real estate in Newport Beach, San Clemente and Costa Mesa. She had been with Estacion for more than 20 years, marrying him shortly before his death. At the time, Lamb was dying from terminal cancer and suffering from dementia.

Garcia and some of Lamb’s relatives apparently believed Estacion was abusing Lamb and taking advantage of her health issues to siphon money from her accounts. According to testimony during the trials, Garcia had told others he wanted to kill Estacion.

Lamb’s family got her out of the Newport Beach home she shared with Estacion, and went to court to try to get Estacion kicked out of the residence.

A judge delayed a decision on whether to approve a temporary restraining order against Estacion. Hours later, someone entered the Newport Beach home, cut the power and smothered, struck and strangled Estacion.

Prosecutors accused Garcia of driving from Carson City to Newport Beach to kill Estacion, alleging he then immediately drove back to Nevada. They also alleged he left his cell phone with his adult daughter, Samantha Garcia, to make it look like he had stayed in Nevada.

Samantha Garcia initially told investigators she had her father’s cell phone the night of the killing and sent fake text conversations between his cell phone and hers. But during both trials the daughter recanted those earlier claims, alleging detectives pressured her to lie about having the cell phone.

During the trials, Garcia’s attorney, Alisha Montoro, described him as a non-violent, devoted family man who lived a simple life. The defense attorney denied the allegations by prosecutors that Garcia believed his daughter’s were entitled to Lamb’s money. She said Garcia wasn’t even in California the night of the killings.

During the sentencing, Clara Sanchez, Garcia’s sister, described him as funny, kind and unselfish, adding that he is “generous and giving to a fault.” She denied that he has ever been “a violent or aggressive human being. …

“We are all so proud that he has been able to survive in an unfair and prejudiced judicial system,” Sanchez told the judge.

The defense attorney unsuccessfully requested a new trial, alleging, among other things, that some jurors had fallen asleep during the second trial and that a juror had cited their own medical experience to claim the death could only have been a homicide.

The judge described the allegations of jurors falling asleep as “not credible” and said the discussion about the cause of death appears to have been based on opinions formed from courtroom testimony, not outside evidence

“Nothing I say will make this feel better for Mr Garcia or Mr Garcia’s family,” Judge Hanson said. “But make no mistake, I would not proceed with sentencing if in the court’s view Mr. Garcia was an innocent man.”

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