Two people are accused in a Huntington Beach killing involving a romantic relationship.
Derek Christopher Adams, 22, and Marissa Star Bilotti, 19, both of Huntington Beach, are charged with fatally shooting Gregory Heintz on October 22, 2010 at Murdy Park in Huntington Beach.
Earlier in the day, the pair went to the Newport Beach home of Cody Masher, broke down his door and stabbed him, causing a superficial wound, according to the Orange County district attorney's office. Authorities said the pair wanted to confront Masher about a relationship he was having with a woman Adams was interested in.
Adams and Bilotti allegedly stole Masher's cellphone and money from Masher's girlfriend's purse. Adams is accused of using Masher's cellphone throughout the day and sending text messages and pictures to Masher's girlfriend in order to arrange a meeting with her later in the day, the statement said.
The girlfriend arrived at Murdy Park with two friends, including Heintz. Adams allegedly shot Heintz once in the stomach. Adams and Bilotti are also charged withfirst-degree residential robbery and being armed with a gun during the commission of a
robbery.
They now await sentencing.
Below are the laws, penalties, and defenses for robbery and
murder.
Robbery
Robbery is a felony, punishable by a term in state or federal prison.
Robbery is the direct taking of property, including money from a person through force, threat or intimidation.
California
Penal Code Section 211 defines robbery, which reads:
"Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear."
"Armed robbery" involves the use of a gun or other weapon which can do bodily harm, such as a knife or club, and under most state laws carries a stiffer penalty (longer possible term) than robbery by merely taking.
First degree robbery occurs where the defendant acts in concert with two or more other people for the purpose of committing a robbery in an inhabited dwelling house, vessel designed for habitation, trailer coach, or the inhabited portion of any other building. Robbery in the first degree is a felony, punishable by imprisonment in the state prison for 3, 6, or 9 years. In all other inhabited structures not defined above, the punishment is imprisonment in the state prison for 3, 6, or 9 years.
Second degree robberyencompasses all other types of robbery, which are punishable in the state prison for 2, 3, or 5 years.
Common Defenses for Robbery
• Duress
• Force used in Self-Defense
• Lack of Intent to Permanently Deprive
• Abandonment of the Property
• Property Not Taken from Person or their Presence
Murder
Murder is the crime of intentionally causing another person's death without legal excuse or justification.
Murder is a crime that falls under the category of criminal homicide. State and federal laws regarding homicide and murder are the most complex of any criminal laws. The classifications of homicidal and murder offenses are complex but are often divided into a handful of categories based on severity.
Penalties for murder can be life imprisonment with a possibility of parole. An experienced and aggressive criminal law attorney will use numerous defenses in a murder case to improve its outcome.
Murder defenses that may be used in a trial include: self-defense, insufficient proof or evidence, factual innocence, insanity, and more.
In any case, the laws regarding murder are complex and a skilled and qualified
federal criminal defense attorney can help get the best results possible.
At Hedding Law Firm, we have dealt with numerous criminal cases ranging from murder to robbery to kidnapping to assault to white collar offenses as well as Federal matters all over the country.
If you or someone you know is facing criminal charges contact us for a FREE face to face consultation and let us fight for you and be an advocate for you.