Man accused of robbing day laborers faces trial

By: SCOTT MARSHALL - Staff Writer
Prosecutors may add kidnapping charges against Thomas Graham, 33 | Wednesday, January 23, 2008 12:02 AM PST ∞

VISTA -- An Escondido man accused of participating in a series of robberies of day laborers last summer throughout North San Diego County was ordered Tuesday to stand trial on multiple robbery charges and could face additional kidnapping counts that carry a potential life prison sentence.

Superior Court Judge Runston G. Maino ruled at the conclusion of a preliminary hearing Tuesday that the prosecution had presented enough evidence to create a "strong suspicion" that Thomas Graham, 33, committed the charged crimes. Responding to a request from the prosecution, Maino also said he believed the evidence presented at the hearing supported charging Graham with kidnapping for robbery.

Graham already faced between 40 and 60 years in state prison if convicted of the robberies, attorneys in the case said, but would face 15 years to life in prison for one kidnapping charge. Maino also increased Graham's bail to $1 million.

Graham's attorney, Herb Weston, argued that kidnapping requires that a defendant used force, fear or threats to move a victim, but that each of the alleged robbery victims said they got into the robbers' car voluntarily.

Deputy District Attorney Bryn Kirvin said she will review the judge's comments and the evidence from the hearing to decide whether to file the additional charges, but at least one kidnapping count is likely to be added by Graham's next court date, Feb. 26.

The charges stem from incidents that occurred in June, July and August in areas across North County in which day laborers said they were offered work and then were taken to remote locations and robbed.

Maino said in court Tuesday that the alleged victims in some incidents had testified that they had handed over wallets and money, including one man who said he gave the robbers $700. In many of the incidents, the alleged victims told of being taken from a public area to isolated locations, Maino said.

One witness, Ebner Escalante Lopez, testified last week that he and his brother-in-law accepted an offer of work from two women in Rancho Bernardo and were in their car about three minutes before a knife-wielding man in the back seat said "give me your money or your life."

Escalante identified Graham as that man.

Weston argued Tuesday that Maino should be concerned about the validity of the witness identifications of Graham in court. Every witness testified that a factor that helped them identify Graham was that he was the only person in custody in the courtroom, Weston argued.

Maino said most of the witnesses previously had identified Graham in photo lineups that appeared to have been fair and that he thought the identifications of Graham "were solid."

Two other defendants charged in connection with the robbery series already have pleaded guilty to two robbery counts each.

Prosecutors did not agree to any sentence as part of the guilty plea of Kevin William Anderson, 32, of Vista. He was sentenced Tuesday morning to two years in state prison, Kirvin said.

Nicole Dianne Crouch, 35, of Escondido pleaded guilty last week and will be sentenced Feb. 27 to five years in prison under the terms of her plea agreement.

A fourth suspect, April Marie Lewis, 25, of Escondido, has pleaded not guilty. The preliminary hearing for Graham also included Lewis, who was pregnant at the time, when it began a week ago. Attorneys in the case said they believe she had her baby while in jail, prompting a delay in her case.

Lewis' case is due back in court this morning for a status conference, Kirvin said.

-- Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.