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News Briefs
Handyman Guilty of Murder
A former Menlo Park handyman prosecutors say fatally shot a Redwood City
cabbie and attempted to kill a fellow passenger during a botched robbery six
years ago is guilty of murder, a jury decided.
The jury found Lousa Mataele, 37, guilty of first-degree murder with the
special allegation it was committed during a robbery, attempted robbery with
a firearm and attempted murder with a firearm — charges that when taken
together will send him to prison for life without the possibility of parole.
The verdict came in less than two days after the jury resumed
deliberations. The jury was on hiatus for one week and had deliberated
roughly two days previously before the decision. The jury acquitted Mataele
of attempted robbery of the passenger.
In finding Mataele guilty, the jury rejected the defense argument that
Mataele was actually unaware during the shooting of driver Davinder Singh,
21, because of an epileptic disorder.
“I’m glad the 21st-century version of the Twinkie defense did not win out,”
prosecutor Joe Cannon said.
Defense attorney Gerritt Rutgers could not be reached for comment on the
verdict. During the trial he also argued Mataele did not attempt to rob Singh
and passenger Jaime Torres, because items like money and cell phones were
left in the cab when he fled.
Cannon had countered that Mataele knowingly climbed into a cab with
Jaime Torres, a fellow bar patron with whom he drank that night, with plans
to rob him and Singh. Torres, who survived with a bullet graze, testified
during the trial and endured grilling by Rutgers on what he could actually
remember in his intoxicated state.
Cannon credited physical evidence to corroborate Torres’ testimony and
said it is not surprising he was shaky on some details considering he had
survived an attempt on his life.
Neither side debated that Torres and Mataele drank together on Sept. 13,
2003, at Sodini’s bar on El Camino Real or later went to the home of Torres’
friend. They even agree the pair both climbed into Singh’s cab — but that is
where the versions diverged.
Torres testified that Mataele pulled out his gun, pointed it at the driver and
told him, “Break yourself” — street slang indicating a robbery — before
firing twice into Singh’s head. Mataele then reportedly demanded Torres’
cell phone and gold teeth before firing at him. The cab crashed into a parked
Taurus at Elena Street and Oak Avenue. Mataele fled but was found at a
nearby bus stop with a backpack carrying the gun and unused bullets.
Rutgers called Mataele’s mother to testify that when he lived with her he
spoke with “ghosts.” Psychologist/neurologist Dr. Howard Friedman testified
that testing showed his intelligence is equivalent to that of a 10-year-old.
Other witnesses addressed possible links between alcohol and blackouts
and neurological conditions uncovered when Mataele was hospitalized
as incompetent for three years prior to trial. Rutgers told jurors the fatal
shooting was not a murder but “something else” because his client was
essentially unconscious.
Mataele returns to court June 4 for formal sentencing and remains in
custody on no-bail status.
Former Nurse Pleads Not Guilty to Hospital Peeping
The male nurse accused of setting up a video camera in the bathroom of a
Redwood City hospital to surreptitiously record those inside pleaded not
guilty and will stand trial in July.
Carlo Magallanes Alcober, 34, is charged with one misdemeanor count of
illegal videotaping. Prosecutors alleged Alcober filmed at least five users of a
unisex employee bathroom at the Kaiser Medical Center but can be charged
for only a single act of recording.
Alcober pleaded not guilty and was scheduled for a pretrial conference
May 5 followed by jury trial July 12.
If convicted, Alcober faces up to a year in jail on the single count.
Prosecutors say Alcober, while working a night shift in October, placed
a micro digital camera inside a bathroom on the seventh-floor surgical unit,
covering it with white surgical tape and leaving a small hole through which to record.
The last of five women filmed discovered the camera and Alcober was
reportedly identified by both his image in the footage and his behavior.
Alcober no longer works for Kaiser Permanente and the incident was
reported to the California Board of Registered Nursing, according to Kaiser
spokesman Karl Sonkin.
Alcober is free from custody on his own recognizance but prohibited from
possessing weapons and cameras.
Car Thief With How-To Book Gets Year in Jail
The man caught in a stolen car with the book “How to Be a Successful Criminal”
was sentenced to a year in jail on two counts of felony vehicle theft.
Brian Winner, 29, has approximately a month left to serve, having earned
credit since his arrest, said a District Attorney’s Office spokesperson.
Winner was originally charged with vehicle theft, possession of a
stolen vehicle, second-degree auto burglary, receiving stolen property and
misdemeanor possession of burglary tools.
On Oct. 21, Redwood City police located and arrested Winner after
responding to a call for a suspicious person looking into parked cars. Winner
was allegedly driving a stolen car containing property taken from multiple
victims, including the book.
Train Fatality Was Redwood City Man
A pedestrian who died after being hit by a Caltrain in San Bruno was
identified as a 52-year-old Redwood City man, according to the San Mateo
County Coroner’s Office.
Jon Armstrong was hit in the pedestrian crossing area at the north end
of the San Bruno Caltrain station, located at 481 Huntington Ave., Caltrain
spokeswoman Christine Dunn said.
Armstrong, who was hit by northbound express train 305, was Caltrain’s
third fatality this year. Dunn said the gate was down when Armstrong
crossed the track.
“The lights and bells were all operating,” she said.
After the incident, Caltrain vehicles ran on a single track and experienced
delays of up to an hour. The tracks were reopened at 9:15 a.m., and all the
trains were operating on time by the afternoon.
Body Found on Pacifica Beach Identified
A body found washed ashore in Pacifica has been identified as the 44-yearold
man who was swept out into the ocean from Sharp Park Beach last
month, San Mateo County Coroner Robert Foucrault said.
Richard Lee Serrano Jr., of Redwood City, was knocked down by waves
and disappeared into the ocean on March 18, according to police.
He never resurfaced, and authorities spent hours searching for him.
On Tuesday morning, a contractor surveying the cliffs along Esplanade
Avenue, where some residents were forced to evacuate last year due to the
eroding cliffs, spotted Serrano’s body on the beach.
Foucrault said the coroner’s office used fingerprints to identify Serrano. He
said a cause of death will be determined in two to three weeks.
Serrano’s death was not the only likely drowning at Sharp Park Beach
recently. On March 28, 44-year-old San Carlos resident Grelia Smith was
pulled underwater while trying to rescue her dog, which had gone into the
ocean, police said.
She, too, was knocked down by a large wave and swept away from the beach.
Family members and witnesses were unable to reach her in the heavy surf.
The dog was able to swim back to shore. Smith was taken to a hospital,
where she died.
In January, 37-year-old Berkeley resident Amy Kelleen Nicholson died
after being pulled into the ocean while walking near the surf line at Sharp
Park Beach.
Pacifica police Capt. Dave Bertini said there are signs posted along the beach
promenade warning of the dangerous surf, but no lifeguards are on duty there.
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