Wednesday, August 20, 2014

Prosecutor: Keep Marsh torture allegations intact

From page A1 | October 31, 2013 |

WOODLAND — A bid to strike down torture allegations against a Davis murder suspect received opposition this week from Yolo County prosecutors, who say the sheer number and severity of the wounds Daniel Marsh allegedly inflicted on his victims is sufficient to keep the charge intact.

“While a few stab wounds might be solely indicative of an intent to kill, the defendant covered the victims with 128 stab wounds and went far beyond what was necessary simply to kill the victims,” Assistant Chief Deputy District Attorney Michael Cabral wrote in a document filed this week in Yolo Superior Court.

And while Deputy Public Defender Ron Johnson has argued that testimony offered at Marsh’s Sept. 13 preliminary suggests many of Oliver “Chip” Northup and Claudia Maupin’s injuries could have been inflicted after they died, Cabral countered there’s no telling how long Marsh allegedly stabbed the elderly couple before they succumbed to their wounds.

“Furthermore, given the lack of testimony about the time of death of each victim, one reasonable inference from the evidence is that the victims were alive throughout the entire time the defendant stabbed and mutilated their bodies,” Cabral wrote.

A hearing on the dismissal motion is slated for Friday morning before Judge Paul K. Richardson.

The torture allegation is one of three special circumstances that accompany the two counts of first-degree murder prosecutors filed against Marsh, 16, in connection with the April 14 homicides. The other two allege multiple murders and lying in wait.

Marsh has pleaded not guilty to the charges. The onetime Davis High School student is being prosecuted as an adult but, because of his young age — 15 at the time of his alleged crime — he is ineligible for either the death penalty or life in prison without the possibility of parole, even if the special circumstances are found to be true.

Davis police Detective Ariel Pineda testified at Marsh’s preliminary hearing that the teen confessed to the murders, saying he had harbored homicidal urges since the age of 10. Marsh reportedly targeted the elderly couple after finding an open window at their Cowell Boulevard window and cutting through a screen.

According to Pineda, Marsh described feeling “exhilarated” in the moments before the fatal attack, and said he continued to stab the couple even after they had died because “it just felt right.” A coroner’s official testified Maupin suffered 67 stab wounds, and Northup 61.

“The defendant’s own statement indicates that he spent minutes, if not years, contemplating how he was going to kill the victims,” with no evidence to suggest Marsh acted in the heat of passion or an explosion of violence, Cabral wrote in his opposition motion.

“To the contrary, the defendant’s statements reveal he was quite calm and contemplative as he prepared to murder two people asleep in their bed,” he added.

A trial in the case is scheduled for early March. Marsh, meanwhile, is being held without bail at Yolo County Juvenile Hall.

— Reach Lauren Keene at or 530-747-8048. Follow her on Twitter at @laurenkeene





Summer jobs aren’t always in the bag

By Spencer Ault | From Page: A1 | Gallery

Davis Arts Center gets a new look, thanks to Brooks

By Enterprise staff | From Page: A1 | Gallery

More details emerge in Woodland officer shootings

By Lauren Keene | From Page: A1 | Gallery

Report details the face of hunger in Yolo County

By Anne Ternus-Bellamy | From Page: A1 | Gallery

Bob Dunning: Taking on a Specktacular challenge

By Bob Dunning | From Page: A2 | Gallery

For the record

By Enterprise staff | From Page: A2

Students can practice safe bike routes to junior highs

By Special to The Enterprise | From Page: A3

‘Monsters University’ to be screened in Central Park

By Enterprise staff | From Page: A3

California regulators approve PG&E rate hike

By The Associated Press | From Page: B3

America’s ‘it’ school? Look west, Harvard

By New York Times News Service | From Page: B3

School board preps for new academic year

By Jeff Hudson | From Page: A3

The big moveout, on ‘Davisville’

By Enterprise staff | From Page: A3

Sunder campaign will be at Farmers Market

By Enterprise staff | From Page: A3

Classic car show slated in Woodland

By Enterprise staff | From Page: A3

Public opinion sought about Nishi Gateway

By Lily Holmes | From Page: A4

Davis Art Garage honored; bench dedication set

By Special to The Enterprise | From Page: A8 | Gallery

Woodland historical award winners announced

By Enterprise staff | From Page: A8



Can’t understand this change

By Creators Syndicate | From Page: B5

Delta-friendly water bond is a win for all of California

By Special to The Enterprise | From Page: A6

Bravo! The road diet works

By Rich Rifkin | From Page: A6

Support water bond in November

By Letters to the Editor | From Page: A6

Relay for Life team says thanks

By Letters to the Editor | From Page: A6

Tom Meyer cartoon

By Debbie Davis | From Page: A6



Hard hoops schedule features defending national champs at UCD

By Bruce Gallaudet | From Page: B1 | Gallery

Crisp’s big hit helps A’s

By The Associated Press | From Page: B1 | Gallery

Aggie QB is back to pass … Touchdown, Tina! Tina?

By Bruce Gallaudet | From Page: B1 | Gallery

Sacramento scores early to snap skid

By Enterprise staff | From Page: B8

Unplayable? Cubs, rain hand Giants a loss

By The Associated Press | From Page: B8

UCD roundup: Aggie gymnasts are awesome at academics

By Enterprise staff | From Page: B8 | Gallery



Food that travels well for cooking out

By Julie Cross | From Page: A5 | Gallery



Visit Crawfish and Catfish Festival in Woodland

By Enterprise staff | From Page: A7

Artists invited to paint at Yolo Bypass Wildlife Area

By Special to The Enterprise | From Page: A7 | Gallery

Goldberg, Milstein to play at Village Homes

By Enterprise staff | From Page: A7 | Gallery

The voice on the CD comes alive at Music Together concert

By Enterprise staff | From Page: A7

Crowd funding campaign offers support for Art Theater of Davis

By Special to The Enterprise | From Page: A7





Railroad museum will host Aberbach memorial

By Enterprise staff | From Page: A4



Comics: Wednesday, August 20, 2014

By Creator | From Page: B6