The mid-summer night that Oceanside David Allen Jacobson, 23, was stabbed to death, he'd gotten drunk and high and fought with fellow revelers in a one-bedroom apartment a block from the beach, several people testified Monday in a Vista courtroom.
Prosecutors allege the apartment's tenant, parolee Kade Kundrat, 29, first kicked Jacobson out, but then, still mad at his friend's behavior, went back out and killed him.
After several hours of testimony, Judge Joan Weber ruled that Kundrat must stand trial for Jacobson's murder. Oceanside police arrested Kundrat about 12 hours after Jacobson was found dead. Kundrat pleaded not guilty Monday.
The burly blond man with sideburns and goatee listened with little expression to the testimony against him.
A resident at Pacific Street's Seaview Apartments, where Kundrat lived, found Jacobson's body crumpled against an outside stairwell near the building's laundry room about 2 a.m. July 13, according to testimony.
Jacobson's neck and throat had been sliced, and he had been stabbed three times in the chest, according to a deputy medical examiner.
Jacobson's then-girlfriend, Nicole Munoz, 18, testified that Jacobson and two others smoked marijuana under the Oceanside Pier and purchased vodka at a downtown liquor store before heading to Kundrat's to party.
Jacobson got mad when she wanted to go out to score some harder drugs, she testified.
The two argued, and Jacobson bopped her twice in the back of the head with an open hand, she said.
Munoz said she choked Jacobson until she was afraid she was hurting him, then ran to the back bedroom, where Kundrat slept with his baby son. Three other people were in the apartment, she said. Two of them testified Monday.
Munoz told Kundrat to make Jacobson leave. Adam Schmidt, who testified that he had been staying with Kundrat, his brother's boyfriend, followed the couple to the back room.
Jacobson punched him in the nose, Schmidt said.
Kalvin Ratsch, a 19-year-old Marine and Kundrat's friend, was in the living room, he testified. He said he heard Kundrat get angry.
"'Look what you did; you woke up the baby,'" he said Kundrat said to Jacobson.
The angry resident grabbed Jacobson by his clothes and marched him out, according to testimony.
Jacobson called Munoz later to apologize, Munoz said, but she didn't want to hear it. An enraged Kundrat asked her where Jacobson was, she said.
Kundrat left, telling her to lock the doors and turn off the lights, she testified. After about 10 minutes, he returned, went into the kitchen and grabbed something from the counter, Munoz said. She couldn't see what it was. He then left again, she said.
Munoz and the other witnesses testified that Kundrat returned in about 10 minutes, frightening them with his behavior.
"'Don't look; don't look at me,'" he allegedly told them all. He turned off the lights and ordered his three friends to shut their eyes and go to the back bedroom. In the meantime, he went to the kitchen and could be heard running water, they said.
Police seized a kitchen knife from the kitchen sink the next day.
In the bedroom, Munoz said she heard Kundrat talking on the phone, she assumed to his boyfriend.
"You don't beat up my boyfriend's brother, especially in my house in front of my 18-month-old son," she said she heard him say.
The group spent the next few hours in the bedroom; Kundrat seized their cell phones and wouldn't let them go, they testified.
In the morning, the entire complex a crime scene, an Oceanside detective greeted Kundrat at the door as he was leaving with his baby, witnesses testified.
Kundrat was on parole at the time, and San Diego County court records show his criminal history ---- which includes violent, property and drug offenses ---- dates back to at least 1999.
Police interviewed him and his guests. Munoz and Schmidt admitted Monday they lied to police at least once in their initial interviews. Both said they were scared of the defendant or his friends.
Jacobson's sister, Nina Turner, 29, travelled from Arizona to attend the hearing Monday.
She said her brother was a loving boy who was good with children. But his life had been troubled, she said.
His father died when Jacobson was young and their mother used drugs. He ended up living on the streets with others like him, Turner said.
"He just didn't have a chance," she said.
Kundrat is being held at the Vista jail without bail. His trial is scheduled for Jan. 12.
Call staff writer Sarah Gordon at 760-740-3517.





