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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SLOBIRD

Personally, if he wanted to commit harm on himself, they should have left him do it. Obviously, he knows more about himself then we do. I pray for his victim(s) and him. It must be painful to be this type of person.


horse_soldier

Advice to the family member:

Arm yourself, and sleep with one eye open – you could be his next victim.


Kaiser Bill

This kid is nuts! Too bad he is out and will likely commit another heinous crime.


In the old days, he would have received a just punishment for beating a defenseless old man to death! Not gone to Youth Prisons until parole at 25!


slolusion

People often think Californians are pretty dumb – especially the Texans. If they find out this happened, and this guy winds up doing something bad, I suspect Texas will retaliate against California for it. Obviously they won’t commit violence, but they won’t just suck it up.


It’s a bad California law and the Governor knows it. You might see a bunch of one way bus tickets to SLO with a unique passenger list.


bobfromsanluis

OMG; while I’m grateful that this apparently very troubled young man will not be released in our area, I’m very concerned that there will be another headline attributed to the actions of this disturbed person. As much as I’d like to blame the judge here, apparently she is just following the law, which is what she is charged to do. I do agree that his threats against the Governor should have been investigated as potential felonies, perhaps they were, but it sure doesn’t seem that way. Good luck to all those that will be living near this murderer.


demiseofslo

You better put an ankle bracelet on this psycho! I remember when that crime happednede in SLO. They beat the old guy over the head with the trucks on his skateboard, then padlocked his front door shut so he couldn’t get out for help. Then steals his car and probably almost killed some motorists in the process. Then he threatens to kill the governor, himself, etc.


“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.”


LOL


This kid was a wackjob back in 2005 and is still a wackjob today. SMH


achillesheal

Sounds like society will be a big winner with this one.


I hope the judge sleeps well after he learns this kid has killed someone else.


Pelican1

Does anyone REALLY believe he’s been rehabilitated, and that he won’t re-offend?

Just 2 years ago he threatened to kill the governor…yeah, he’s ready for release.

Geez, what a system.


slolusion

Jerry has no choice. He knows what is likely to happen, and if he;s smart he’ll prepare for fallout. Of course, he doesn’t care about SLO except for planning what happens if the nuke plant is attacked or a 9.0 rocks the coast.


Pelican1

Well, perhaps this is a case of what goes around comes around. In the 70’s Jerry appointed Rose Bird to the Chief Justice of the California Supreme Court…the ONLY Chief Justice to be removed by the voters some years later. Her opposition to the death penalty resulted in her overturning a number of murder convictions. She also was primarily responsible for overturning the “use a gun…go to jail” law.

Of course she is best known for her ruling on state paid abortions for the poor.

Just as in this case of the young man being freed, she was a judicial nightmare.

And now, Jerry will have to live with this one.


Kaiser Bill

I think Brown is a left wing idiot, but he has changed a little on some issues as he has aged. I doubt Brown would appoint another Justice like Rose Bird now. His experience as Mayor of Oakland must have been an eye opener.


azuresees

If Holguin sent the criminal threat to the gov when he was 22 or 23 (2014-2015) (“you better hope i never see you i will shoot you with a real gun”), wouldn’t that be a new felony ADULT charge of 422PC?


“A “criminal threat” is when you threaten to kill or physically harm someone and

1.that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family,

2.the threat is specific and unequivocal and

3.you communicate the threat verbally, in writing, or via an electronically transmitted device.


Criminal threats can be charged whether or not you have the ability to carry out the threat…and even if you don’t actually intend to execute the threat.”