Gavel to Gavel: San Marcos man gets 16 to life in prison for murder

By: North County Times - | Thursday, July 29, 2004 11:37 PM PDT ∞

VISTA ---- A San Marcos man was sentenced Thursday to 16 years to life in state prison for murdering a man in a fast-food restaurant parking lot. Edward Pitzer, 53, was convicted May 27 of second-degree murder for the stabbing of Benjamin Schmid, 25, on June 16, 2003, at the Capalina Road restaurant.

Deputy District Attorney Christine Trevino told jurors at Pitzer's trial that the two men had argued, but Schmid turned and walked away. Pitzer followed and stabbed Schmid once in the chest, hitting an artery, which caused Schmid to bleed to death, Trevino said.

Pitzer's attorney, Deputy Public Defender William Stone, told the jury that Pitzer acted in self-defense, stabbing with his pocketknife after Schmid turned rapidly and started toward Pitzer. Stone said Pitzer thought he saw something in Schmid's hand.

Schmid's father, Kevin Schmid, said in court Thursday that his son was not violent, was a man of "extraordinary self-control," and was "a good man."

---- Scott Marshall

Man to be retried for elder abuse

An Oceanside man will be retried in October on charges that he neglected his elderly mother, a deputy district attorney said Thursday.

Leo James Dunckley faces 11 years if convicted of elder neglect and allegations that the neglect caused his mother to suffer great bodily injury and death.

The first jury knotted at 6-6, following a nine-day trial and two days of deliberations this month.

Prosecutor Robert Stein said it's unlikely a plea deal will be reached, despite "extensive" talks to do so.

In August 2002, Dunckley called paramedics and police to the Solana Beach apartment where he lived with his 90-year-old mother, Eleanor Dunckley. According to testimony, the woman, who had just died, was found wearing a filthy nightgown and her genital area was covered in feces.

A medical examiner testified that the emaciated woman was dehydrated and had bedsores so severe on her hip and back that her bones were visible in at least one of the sores.

---- Teri Figueroa

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