LAKEPORT, Calif. – On Monday a Kelseyville man who previously had faced prosecution for murder was sentenced to probation for lesser charges in connection to a double homicide case that occurred two years ago this month.
Judge Andrew Blum sentenced Dakota Joseph Velez, 21, to five years' formal probation for arson of a structure and assault with a deadly weapon on Edward Harry Morgan on Jan. 28, 2014.
Velez originally had been charged with murder – along with his father, 43-year-old Conrad Joseph Velez of Lakeport – for the killings of 54-year-old William Frank Busch of Lakeport on Jan. 27, 2014, and Morgan a day later.
Busch's body was found in a burning building on Highland Springs Road in Lakeport and Morgan was found in the area of Robin Hill Drive and Lakeshore Boulevard near Lakeport with stab wounds after he had been pushed out of his Chevy Tahoe. The Velezes and Conrad Velez's girlfriend at the time, Dahnna Phyllis Burrows of Lakeport, then left in the vehicle.
The prosecution believes Conrad Velez was responsible for both the killings.
Dakota Velez reached an agreement with the District Attorney's Office in November to plead to the two counts in exchange for waiving nearly four years' worth of in-custody credits. As such, he faces the possibility that he could go to state prison for six years if he violates his probation, as Lake County News has reported.
District Attorney Don Anderson said in a November interview that those charges represented as much of Dakota Velez's involvement as the prosecution could prove. He believed that Conrad Velez coerced and threatened his son to commit the arson.
Senior Deputy District Attorney Ed Borg said Monday that Dakota Velez received the agreed-upon sentence of probation as part of the plea agreement.
“Judge Blum indicated he was very reluctant to do it,” but ultimately accepted the agreement, Borg said.
This is the second sentencing reached in the case, as last month Burrows, 28, was sentenced to eight months of community supervision, according to her attorney, Angela Carter.
Burrows, who also reached a plea agreement, pleaded to two counts of being an accessory and the theft of Morgan's vehicle, the keys of which she had in her possession when she was arrested with Conrad Velez in Napa County in January 2014.
The maximum time she faced was three years, and by the time of her sentencing she had been released from jail, with time served, Carter said.
Carter said Burrows had only a small previous criminal history before the current case.
“She has family support and I expect that she will do well from here on out,” said Carter. “I believe she was in a bad situation at the time these crimes were committed and I also believe that she did not play a major role in the deaths of either of the two victims. The disposition of her case reflects that fact. In fact, there was evidence that she tried to stop the homicide of one of the victims, but was unfortunately unsuccessful in doing so. She was cooperative with law enforcement as well.”
Carter said that the probation report prepared for Burrows' sentencing had sought $300,000 in restitution to the surviving members of the two murder victims.
She said the judge denied the restitution, citing the requirements of the law, which specify that restitution only be ordered against an individual who played a substantial role in the crime.
“My client's charges were related to being an accessory after the fact, so they did not meet the standard required for restitution by her to be ordered for the victims' families,” Carter said.
With the resolution of Burrows' and Dakota Velez's cases, that just leaves resolution to the case against Conrad Velez.
In the fall he also had reached an agreement with the District Attorney's Office in which he was to plead to two counts of first-degree murder and, as a result, was facing 50 years to life in prison.
However, Borg said Monday that Conrad Velez has indicated that he wants to withdraw his plea, so sentencing proceedings have been put on hold.
In such cases, when a defendant attempts to withdraw a plea, it's routine in the local courts to assign another attorney to consider if making a plea withdrawal motion has merit, Borg said.
As such, that case review will be handled by an attorney other than Barry Melton, who has been representing Conrad Velez, Borg said.
Borg said the matter has been put over to Jan. 27.
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