Sunday, April 19, 2015
YOLO COUNTY NEWS
99 CENTS

Prosecutor: Keep Marsh torture allegations intact

By
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 [email protected] or 530-747-8048. Follow her on Twitter at @laurenkeene

Comments

comments

  • Recent Posts

  • Enter your email address to subscribe to this newspaper and receive notifications of new articles by email.

  • .

    News

    KDVS fund drive includes on-air pledging, plus parties and food

    By Jeff Hudson | From Page: A1 | Gallery

     
    Aggie Pride on parade at UC Davis Picnic Day

    By Wayne Tilcock | From Page: A1 | Gallery

     
    City wants a study of sewer rates

    By Dave Ryan | From Page: A1

    Hard-of-hearing student needs community’s help

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

     
     
    Art helped sell California’s agriculture

    By Special to The Enterprise | From Page: A3 | Gallery

     
    Students, families can get after-hours Internet access

    By Enterprise staff | From Page: A4

    Lawyers seek resolution to Davis molest case

    By Lauren Keene | From Page: A4

     
    Sign up now for Celebrate Davis!

    By Enterprise staff | From Page: A4Comments are off for this post

    Your brain’s aging and a new report urges ways to stay sharp

    By The Associated Press | From Page: B5

     
    Garamendi hosts conference for women

    By Special to The Enterprise | From Page: A5

    ‘Invaluable public servant’ retires after 20 years

    By Tanya Perez | From Page: A5 | Gallery

     
    Injury-proof yourself for effective exercise

    By Special to The Enterprise | From Page: A6

    Understanding risks can help women prevent leading health threats

    By Special to The Enterprise | From Page: A7

     
    Grad Night tickets on sale online

    By Enterprise staff | From Page: A8

     
    Schenker speaks about ‘Magical Mexico’

    By Enterprise staff | From Page: A8

    Yolo County DA honors crime victims at annual tribute

    By Special to The Enterprise | From Page: A8

     
    Holman offers Publishing 101 seminar

    By Enterprise staff | From Page: A8

    Radio-controlled airplanes will race April 25-26

    By Enterprise staff | From Page: A8

     
    Woodland bike rides set every Saturday

    By Enterprise staff | From Page: A8

    Get some advice at Connections Café

    By Enterprise staff | From Page: A8

     
    Eyewitness speaks about Israel’s election

    By Special to The Enterprise | From Page: A8

    Free gardening advice offered

    By Enterprise staff | From Page: A8

     
    NAMI group offers family support

    By Enterprise staff | From Page: A9

    Join the 10,000-vegetable challenge!

    By Enterprise staff | From Page: A9Comments are off for this post

     
    Yolo County Neighborhood Court seeks new volunteers

    By Special to The Enterprise | From Page: A10

    Birding tour will benefit Putah Creek Council

    By Special to The Enterprise | From Page: A10 | Gallery

     
    Watershed Wonders activities return to Putah Creek

    By Special to The Enterprise | From Page: A10

    UCD looks at building a better brain as we age

    By Enterprise staff | From Page: A11

     
    ‘Vault’ highlights ‘Kathak’

    By Enterprise staff | From Page: A11

    Two drought-preparedness water bills pass out of Senate committees

    By Special to The Enterprise | From Page: A11

     
    Picnic Day favorites: dogs, bikes science

    By Wayne Tilcock | From Page: A13 | Gallery

    Strike up the band, and the bubbles!

    By Wayne Tilcock | From Page: A14 | Gallery

     
    .

    Forum

    Ready for the parting glass

    By Creators Syndicate | From Page: B5

     
     
    Yolo Crisis Nursery still needs help

    By Our View | From Page: B6

    Drink up, kids, but make your choice a healthy one

    By Special to The Enterprise | From Page: B6

     
    Leash your dogs; it’s the law

    By Letters to the Editor | From Page: B6

    John Cole cartoon

    By Debbie Davis | From Page: B6

     
    Let’s not turn our backs on the Earth

    By Special to The Enterprise | From Page: B7

    This Earth Day, make a pledge to cool your home

    By Special to The Enterprise | From Page: B7

     
    Speak out

    By Debbie Davis | From Page: B7

    .

    Sports

    Over the hump? DHS baseball team wins late

    By Spencer Ault | From Page: B1 | Gallery

     
    Lambdin, Marshall lead Aggies at Mt. SAC

    By Enterprise staff | From Page: B1

    Fast Aggie start negated by 14-0 USC lacrosse run

    By Bruce Gallaudet | From Page: B1 | Gallery

     
    Stagnant second-half offense sinks Devil girls

    By Thomas Oide | From Page: B1 | Gallery

    Republic FC gets another win at Bonney

    By Evan Ream | From Page: B2

     
    UCD roundup: Aggies sweep a water polo double dip

    By Enterprise staff | From Page: B2 | Gallery

    Busy Clancy, Hall spark Devil tracksters at Mt. SAC

    By Enterprise staff | From Page: B3 | Gallery

     
    Former DHS star Drexel returns to create havoc for Aggies

    By Bruce Gallaudet | From Page: B4 | Gallery

    Pro baseball roundup: Oakland blanks Kansas City

    By The Associated Press | From Page: B14

     
    Sports briefs: Blue Devils split a pair of tennis matches

    By Enterprise staff | From Page: B14 | Gallery

    .

    Features

    .

    Arts

    .

    Business

    Marrone Bio Innovations strengthens its sales team

    By Special to The Enterprise | From Page: A12

     
    New phase opens at Brookfield Cottages

    By Special to The Enterprise | From Page: A12

    Tucos closes; new Japanese, pizza, subs debut

    By Wendy Weitzel | From Page: A12 | Gallery

     
    WISH grant funds available to eligible homebuyers

    By Enterprise staff | From Page: A12

    .

    Obituaries

    Jody Zewe

    By Special to The Enterprise | From Page: A4

     
    Herman Timm

    By Special to The Enterprise | From Page: A4

    Ruth Rodenbeck Stumpf

    By Special to The Enterprise | From Page: A4

     
    Robert Leigh Cordrey

    By Special to The Enterprise | From Page: A4

    Alice Catherine Micheltorena

    By Special to The Enterprise | From Page: A4

     
    .

    Comics

    Comics: Sunday, April 19, 2015

    By Creator | From Page: B8