LAKEPORT, Calif. – Four suspects facing numerous felonies for an October home invasion robbery in Lower Lake now have another charge against them: murder.
On Friday, a criminal grand jury handed down the murder charge as part of an indictment against Clearlake residents James Robert Conaster, 38; Jesse Gilbert Moncivaiz, 29; Angelita Jeanette Raffa, 28; and Lauren Astor Faumuina, 20, of Middletown.
The murder charge is for the death of 26-year-old Gabriela Rivas Garcia of Clearlake, killed in a head-on collision with Deputy Scott Lewis, who was responding from the Kelseyville area to join the pursuit for the suspects early on the morning of Oct. 3.
Last month Garcia's parents, who she had helped support by sending money home to Mexico, filed a tort claim with the county of Lake seeking in excess of $10 million in damages for the loss of their daughter, as Lake County News has reported.
The four suspects found out about the indictment when they appeared in court on Monday morning for arraignment in the case, and all requested a continuance until Feb. 25, said Deputy District Attorney Sharon Lerman-Hubert.
“They have the opportunity to challenge the indictment by bringing a motion to do so,” she said.
Lisa Proffitt, Faumuina’s defense attorney, said she’s not yet seen the indictment or the grand jury transcripts, so she couldn’t say Monday what her next action on behalf of her client would be.
The case’s continuance until later this month, Proffitt said, is intended to give her time to look at the documents and decide next steps.
Doug Rhoades, Raffa’s attorney, also said he hadn’t yet seen the documents and so couldn’t offer comment on this latest development in the case.
Lerman-Hubert said she called the defense attorneys last Friday after the indictment was handed down to notify them an arraignment was taking place on Monday. “Nobody expressed a lot of surprise,” she said.
Lerman-Hubert said the four are charged with Garcia's death under the “felony murder” theory.
That theory established that if someone is killed during the commission of a dangerous felony – such as, in this case, robbery and first-degree burglary – the suspects can be charged for murder, even if the death was accidental or unintentional, she explained.
In addition to the murder charges, all four suspects in the case are charged with home invasion robbery, first-degree burglary, two counts of assaults on Jeffrey Dumas Jr. – whose home it was that they allegedly broke into that morning – and special allegations for weapons possession, Lerman-Hubert said.
Conatser alone is charged with felony evading, unlawful possession of a firearm and unlawful discharge of a firearm, Lerman-Hubert added.
Lerman-Hubert said the District Attorney's Office has zero tolerance for people who are perpetuating the dangerous home invasions plaguing Lake County.
The grand jury proceeding began in December and was continued due to the holidays, Lerman-Hubert said.
The proceeding concluded on Friday with the indictment, she said.
A preliminary hearing was held last fall for the four suspects, but Lerman-Hubert said the grand jury's indictment will supersede that hearing and the previous criminal filing.
This is the second criminal grand jury proceeding in which Lerman-Hubert has been involved.
She assisted District Attorney Don Anderson last year with presenting another home invasion case – involving the break-in and shooting last summer at the Bogner family's Clearlake Oaks home – to the criminal grand jury, also getting an indictment in that proceeding.
This time around, Anderson assisted Lerman-Hubert, she said. “We did them both together.”
Anderson praised Lerman-Hubert for her performance before the grand jury, saying she did a great job of presenting the case.
The criminal grand jury, which isn't used locally very often, was called upon in this case to help streamline the process because of multiple defendants, she said.
It also allowed for the introduction of new evidence that hadn't been available to the District Attorney's Office at the time of last fall's preliminary hearing, Lerman-Hubert said.
For her part, Proffitt said she believes the confidential grand jury process actually takes more court time, and she said she finds it surprising that the process has begun to be utilized in the local courts.
There could be additional charges in the case in the future, Lerman-Hubert said.
“The California Highway Patrol is still investigating the cause of the accident” that killed Garcia, Lerman-Hubert noted, and once those reports are complete and available to prosecutors she said they will consider if further charges are appropriate.
At that point, Anderson also must consider if Lewis has criminal liability for the wreck, he said in a previous interview.
The CHP has told Lake County News that the reports are expected to be done in March, with the collision under reconstruction by the CHP Northern Division's Multidisciplinary Accident Investigation Team.
The case now goes directly to the trial track. When the defendants return for arraignment on Feb. 25, a trial date will then be set, Lerman-Hubert said.
All four of the case's defendants remain in the Lake County Jail, with bail for each set at $1 million, according to booking records.
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