SLO man who killed 87-year-old nearing release

March 28, 2014

mental healthA 22-year-old man who, at 13, beat an 87-year-old man to death with a skateboard may leave lockup in the next two weeks. [Tribune]

The convicted killer, who grew up with a low IQ and emotional problems, is currently committed to Patton State Hospital in San Bernardino. In 2005, he killed San Luis Obispo resident Gerald O’Malley, letting him die in a pool of blood in his own home after suffering a beating over the head with a skateboard.

On Tuesday, a three-member state panel voted unanimously to release the killer from lockup as soon as April 9, despite the San Luis Obispo County District Attorney’s Office objecting to the decision.

On Feb. 26, 2005, the then-5 foot 2 inch teen broke into O’Malley’s trailer in a San Luis Obispo mobile home park and beat him repeatedly over the head with a skateboard, shattering his skull. He then stole O’Malley’s vehicle, along with a 12-year-old friend, and returned to padlock the door to O’Malley’s home.

The then-teen’s defense attorney argued during trial that he suffered brain damage as a child preventing him from distinguishing right from wrong.

His sentence allows state officials to hold him until he is 25.

 


22 Comments

  1. Ted Slanders says:

    The courts must be getting so tired of pseudo-christians that don’t follow the bible since we’re told that this is a Christian Nation! When are Christians actually going to read their bible instead of using it as coffee table decoration to impress their friends?!

    “Show no pity; LIFE FOR A LIFE, eye for eye, tooth for tooth, hand for hand, foot for foot” (Deuteronomy 19: 21)

    “Whoever takes a human life shall surely be put to death.” ( Leviticus 24:17)

    “Whoever strikes a man so that he dies shall be put to death.” (Exodus 21:12)

    “If anyone kills a person, THE MURDERER SHALL BE PUT TO DEATH on the evidence of witnesses. But no person shall be put to death on the testimony of one witness. Moreover, you shall accept no ransom for the life of a murderer, who is guilty of death, but he shall be put to death.” (Numbers 35: 30-31)

    To any Christian, can it get any clearer than this? NO, it doesn’t! Jesus H. Christ, what has to be done before Christians actually follow the bible to prevent themselves from being hypocrites to their faith???!

    A last word, just thank Jesus that no one stole this killer before he was jailed and sold him on the open market, or they too would have to be killed! “Whoever steals a man and sells him, and anyone found in possession of him, shall be put to death.” (Exodus 21:16)

    Like or Dislike: Thumb up 6 Thumb down 8

    • ironyman2000 says:

      forget the bible. it means nothing. just use some common sense for “god” sake.

      Like or Dislike: Thumb up 3 Thumb down 1

    • 2much says:

      Slanders,

      Surely you have something intelligent to say without hiding behind the bible every sentence…Ever have an adult conversation without using God as a threat?

      You know….Christians are supposed to be saved by grace which makes all your old Testament “Laws” obsolete (saved by grace not works). Beating folks over the head with the Bible has never been affective…

      Like or Dislike: Thumb up 0 Thumb down 0

  2. Pelican1 says:

    Let him loose in Sacramento. With his credentials, he’ll go far.

    Like or Dislike: Thumb up 4 Thumb down 1

  3. shelworth says:

    When he does kill again the “three-member state panel who voted unanimously to release the killer from lockup” will suffer no repercussions from this. Just like parole boards that release criminals who re-offend.

    Like or Dislike: Thumb up 12 Thumb down 1

  4. topper01 says:

    If the murderer’s name is not released, then how is society to protect it self. If this was a minor sex crime, the perp would be required to “register” for the rest of their life; however, since it is only murder, they get a “go home free” card?

    Like or Dislike: Thumb up 7 Thumb down 1

  5. leatherpink says:

    The State is broke, that’s the main reason, there a lot of cases like this that people are being released from prison early because of money. We have a liberal capital that has too many free social services that is having a impact on our expenses to hold inmates, it’s expensive to hold people in prison. If we deported more illegal immigrants out of California and stop giving free stuff to people, then the State would have money to hold people in prison for terrible crimes.

    Hot debate. What do you think? Thumb up 29 Thumb down 11

    • Slowerfaster says:

      WOW ! Someone had their bowl of red herring vichysoise for the day !

      One could just as easily attribute different fallacies … That it must be that skateboards and teenagers are the problem.
      YEAH ! Let’s not take any chances and ban both !

      Like or Dislike: Thumb up 7 Thumb down 17

    • OnTheOtherHand says:

      There are other options for saving money while keeping truly dangerous felons in prison.

      One is to stop the stupid and wasteful War on Drugs. What percentage of the prison population is there for using or selling marijuana? I have heard that it is in the neighborhood of 30% although my memory is a bit vague on that. How much of our law enforcement budget is wasted enforcing laws against behaviors that are more stupid than dangerous?

      Another is to stop making felonies out of crimes that are more appropriately misdemeanors. Why is some dumb, young drunk who takes a leak in an alley at 2 am on Sunday morning subject to prosecution as a felony sex offender? “Indecent exposure?” Really? I wonder if such laws are written by prosecutors looking for ways to increase their “scores” so they can brag about them when they run for office or apply for a promotion later.

      There are numerous other examples of the law enforcement community stretching either the letter of the law or the intent to give them more leverage. They could care less about the costs to society either in the courts, the prisons or in what it does to the futures of those who likely would not present a threat to society if punished appropriately.

      Like or Dislike: Thumb up 14 Thumb down 1

      • willieslo says:

        Too many laws for literally anything and everything.
        Then given to law enforcement, prosecutors, judges, defense attorneys, corrections, social services, probation and on and on.
        Its first power, then revenue and job security and more regulations plus revenue from there, never ending (it justifies even more revenue for sophisticated computers and high tech equipment to fight crime).
        I’ll even bet the kid’s parents faced social services or arrest trying to disciple the kid and simply gave up to the overwhelming system.
        Remember the statistic showing that at least half the nation 50% and half of California 50% population in the late 1990’s had either been incarcerated in prison or jail or placed on parole or probation.

        Like or Dislike: Thumb up 6 Thumb down 2

      • topper01 says:

        “…30% although my memory is a bit vague….” Relax, do not panic. Once you quit smoking dope, your memory will return.
        Law Enforcement Officers pretty much does as the name implies, they enforce laws. Nowhere in the California Penal Code does it state, “…unless you don’t want to arrest them…”
        If you don’t like it change the law.

        Like or Dislike: Thumb up 3 Thumb down 3

        • willieslo says:

          Nowhere in the California Penal Code does it state, “…unless you don’t want to arrest them…”
          If you don’t like it change the law.

          Penal code does allow a peace officer to use discretion in the interest of justice but in this day and age and the likes of your type selected, we understand, change will get new revenues, more power, more job security and benefits, what a hell of a semi socio-comunist system – hope you get cancer

          Like or Dislike: Thumb up 3 Thumb down 1

        • willieslo says:

          topper01 says:
          03/29/2014 at 6:32 am

          “…30% although my memory is a bit vague….” Relax, do not panic. Once you quit smoking dope, your memory will return.

          Don’t smoke or use dope at age 66.
          The stats are accurate and dropped when government and judges realized the prisons & jails were over crowded.

          With so much law we are ALL criminals to you!

          Hope you have a heart attack!

          Like or Dislike: Thumb up 3 Thumb down 2

  6. pasoparent5 says:

    It’s a pretty messed up world when despite objections from the D.A. (and presumably the victim’s family and friends) a 3 person panel gets to decide that a killer should be set free after serving only 8 years. That’s not justice.

    Well-loved. Like or Dislike: Thumb up 39 Thumb down 1

  7. BeenThereDoneThat says:

    Well his defense attorney said it best way back when. If he suffers from brain damage and can’t tell right from wrong, then why are we going to leave someone like this unattended in society?

    Well-loved. Like or Dislike: Thumb up 57 Thumb down 1

    • SLOBIRD says:

      You are absolutely correct, BTDT, this person is obviously a danger to society according to his defense attorney. I guess the best we can hope for is that he is not returned to SLO.

      Like or Dislike: Thumb up 24 Thumb down 2

    • CommonSenseMama says:

      I completely agree- Either he is unfit for society, or his attorneys used this excuse so that he would not be held completely accountable for his actions. A diagnosis should not take away responsibility.

      Like or Dislike: Thumb up 9 Thumb down 0

      • Slowerfaster says:

        The ‘diagnosis’ is statuatory. Notice that the perpetrator’s name is never mentioned. That’s because at the time of the crime, he was not legally competent … a child of 13. An obviously disturbed 13 year old.

        Yes, the crime was horrendous; but do we really want to enforce adult criminal penalties upon the very young ?

        After eight plus years of incarceration, albeit in a medical facility; ‘unfit for society’ is probably a given.

        SO, what will a rational ‘society’ do about it ?

        Like or Dislike: Thumb up 3 Thumb down 4

        • BeenThereDoneThat says:

          How about a minimum security type prison, where he has more privileges and can come and go during the day but is watched and has to check in on a regular basis?

          Like or Dislike: Thumb up 8 Thumb down 1

          • Slowerfaster says:

            I appreciate that reasonable, thinking response.
            I do not know if it is THE answer, but it is constructive.

            Like or Dislike: Thumb up 4 Thumb down 4

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