Judge orders release of SLO Skateboard killer

April 28, 2016

justice 2A local judge has ordered the release of a 24-year-old San Luis Obispo man, who at 13, used a skateboard to beat an 87-year-old to death. The convicted killer will move to Texas, where he will live with a family member, according to the San Luis Obispo County District Attorney’s Office.

In 2005, Roberto Holguin broke into Gerald O’Malley’s San Luis Obispo trailer, beat him to death and then drove off in the victim’s car. Following his first-degree murder conviction, Holguin was sent to a youth correctional center and later transferred to Patton State Hospital.

On Wednesday, Judge Linda Hurst concluded a reentry disposition hearing in San Luis Obispo Superior Court by ordering Holguin’s release. Holguin had been been in custody since 2006.

California law states a person may only be incarcerated for a crime committed as a juvenile until their 25th birthday. Holguin turns 25 on Dec. 15.

In 2014 and 2015, Gov. Jerry Brown reversed decisions by the juvenile parole board to release Holguin early. Brown vetoed the 2014 decision after state and federal investigators said Holguin hacked into a state-owned computer and sent a threatening email to the governor.

“i feel you should really eat my dick and eat it over and over again you better hope i never see you i will shoot you with a real gun and my cock. have a nice day and god bless,” Holguin allegedly wrote.

On March 14, the juvenile parole board again granted Holguin early release. This year, with just months of Holguin’s sentence remaining, Brown opted not to veto the decision.

While in custody, Holguin threatened or attempted suicide several times, according to a statement Brown released last year. In 2009, Holguin attempted to hang himself and smear “666” in blood on his door. In 2011, he attempted to hang himself and smear feces on the walls of his room. Holguin also wrote “kill me” on the wall using his own blood, according to the governor’s statement.

SLO County probation officials will escort Holguin to Texas. Authorities in Texas will then supervise Holguin until Dec. 15.

The SLO County DA’s office stated in a press release that it is hoped the supervision period will help Holguin transition to independent adult life. District Attorney Dan Dow also released a statement saying he hopes Holguin will commit to a productive, crime-free life.

“The district attorney’s office has done everything we could do from the very beginning in this very disturbing murder case. Mr. Holguin was convicted of first-degree murder and then sentenced to the maximum amount of custody that California law allows for a 13-year-old defendant,” Dow said. “It is our hope that Mr. Holguin is remorseful for his brutal acts, that he fully appreciates his new freedom and that he will commit himself to living a productive and crime-free life.”

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It is highly likely that the responsibility for his release will be at the expense of his next victim. If the law had any responsibility, there would be a funding remedy for his next victim. He should have been released in China, where he can get into a long line for immigration to the U. S.