![From left, Conrad Joseph Velez, 42, of Lakeport, Calif., and his son, 20-year-old Dakota Joseph Velez of Kelseyville, Calif., are expected to stand trial later in 2015 for the murder of two men in Lake County, Calif., in January 2014. Lake County Jail photos. conraddakotavelez](/images/conraddakotavelez.jpg)
LAKEPORT, Calif. – The District Attorney's Office will not seek the death penalty against a father and son who are being prosecuted for killing two men in January 2014.
Going before Judge Andrew Blum on Tuesday, Senior Deputy District Attorney Ed Borg informed the court that following a review of the case, the District Attorney's Office had concluded that it would not pursue a capital case against 42-year-old Conrad Joseph Velez of Lakeport and his son, 20-year-old Dakota Joseph Velez of Kelseyville.
The men are being charged with murder, robbery, carjacking and assault with a deadly weapon in the deaths of 54-year-old William Frank Busch of Lakeport and Edward Harry Morgan, 46, of Kelseyville.
Rather than the death penalty, Borg said the District Attorney's Office will pursue life without the possibility of parole for the men.
He said the decision was made in consultation with the families of the victims, who agreed that seeking life sentences was more appropriate.
The preliminary hearing for the father and son was held Dec. 3 through 5, with both being ordered to stand trial, said Borg.
The Velezes' codefendant in the case, Dahnna Phyllis Burrows, 27, of Lakeport – who was Conrad Velez' girlfriend – had her preliminary hearing at the same time, Borg said.
However, Burrows – who also had been charged with murder, robbery, carjacking, assault with a deadly weapon as well as being an accessory after the fact in the death – was only held to answer on two counts of vehicle theft and two counts of accessory to assault, according to her defense attorney, Angela Carter.
“Those charges are considerably less than what she was facing when the complaint was originally filed by the District Attorney's Office,” Carter said.
If convicted, Burrows could face a maximum of five years in prison, rather than life in prison, which had been the previous possibility, according to Carter.
Carter said she also succeeded in getting Burrows' bail reduced from $1 million to $25,000 on Tuesday as a result in the reduction in charges.
Barry Melton, representing Conrad Velez, told Lake County News that he couldn't discuss the facts of the case at this time. A message left for Mitchell Hauptman, representing Dakota Velez, wasn't immediately returned.
The facts of the case
Borg called the murders of Busch and Morgan “extremely brutal crimes,” the motivations for which still aren't clear.
Late on the night of Jan. 27, 2014, firefighters responded to the 3800 block of Highland Springs Road near Lakeport for a structure fire, finding inside of the building the body of a man, later identified as Busch.
Borg said it later would be determined that Busch had been stabbed numerous times. However, what killed him were the five skull fractures his autopsy found. It appeared that he had been beaten with a blunt object.
On the morning of Jan. 28 a vehicle belonging to Busch was found burning in a field in the 900 block of Soda Bay Road in Lakeport.
Later that same day, deputies and firefighters were dispatched to the area of Robin Hill Drive and Lakeshore Boulevard near Lakeport on the report of an assault victim, arriving to find Morgan badly injured, with the assailants having left the scene in his white Chevy Tahoe. He died at the scene shortly after their arrival.
In the case of Morgan, Borg believes the motive may have been the carjacking, adding, “They didn't need to kill him.”
Morgan died from multiple stab wounds, most of which he suffered while still inside the vehicle, Borg said.
After he was stabbed, Morgan was pushed from the vehicle, which ran him over, causing a compound leg fracture. Borg said it's not clear if anyone was actually at the wheel of the vehicle at that point. However, one of the men got out and stabbed Morgan again while he was on the ground.
Borg said a sheriff's detective found vehicle registration paperwork in Morgan's pocket, with information about the vehicle subsequently broadcast as a “be on the lookout” to local and regional law enforcement.
It was a Napa Police officer who spotted Morgan's Chevy Tahoe, left at a city park after it was closed. Borg said the officer found the vehicle identification number and determined that it was being sought by local authorities.
“Napa city police did some pretty good work on that,” said Borg.
Subsequently, Conrad Velez – who Borg said had a long and violent criminal history, had been released from prison just weeks before the murders and was a parolee at large – was arrested along with Burrows in the city of Napa at a relative's home on Jan. 28 after an unrelated domestic disturbance report, Borg said.
On Jan. 30, after discovering that Dakota Velez was at a relative's home in Hopland, Mendocino County Sheriff's deputies surrounded the residence and took him into custody, as Lake County News has reported.
Since then, Burrows and the Velezes have remained in the Lake County Jail.
Conrad Velez's bail is set at $3 million. His booking sheet also shows additional charges of assault on a custodial officer. Dakota Velez's bail is set at $1 million, according to jail records.
After her bail reduction, Burrows was still in custody on Tuesday, night, according to jail records.
Reasons for not pursuing the death penalty
After the early December preliminary hearing, with the Velezes held to answer for the murders, an arraignment followed on Dec. 16, Borg said.
Due to scheduling issues, the arraignment was put over to Tuesday, when Burrows' bail setting hearing and a determination on whether to pursue the death penalty also scheduled at that time, according to Borg.
The death penalty issue had to be dealt with at this point, said Borg, because it “kicks a lot of different things into effect.”
For one, Borg said the defense attorneys would be entitled to additional co-counsel, and both Hauptman and Melton had asked for that assistance.
With Borg noting that both of those two public defender contract attorneys are the only ones qualified to handle capital cases, the court wanted to know if the death penalty would be sought, as efforts would be needed to find additional counsel outside of the contract.
So, over the last couple of weeks, the District Attorney's Office examined the case factors to determine what was appropriate in order to give the court an answer, Borg said.
In explaining the District Attorney's Office's approach to the case, Borg said, “Not every homicide case is a death penalty case.”
State law lays out a number of special circumstances that must exist to pursue the death penalty in a first-degree murder case, he said.
“When we charged this case, there were two special circumstances,” said Borg.
One was multiple victims, he said; the second was that Morgan's murder occurred during a carjacking.
District Attorney Don Anderson, Borg and other staffers weighed the options, including talking to the family of the victims and speaking to the investigating officers, Borg said.
Borg said Anderson was very clear about his concern that Dakota Velez was 19 at the time of the murders, and he's not in favor of the death penalty for teenagers.
“It was very unlikely we were ever going to seek death against him,” Borg said of Dakota Velez.
However, another important factor was that the victims' family members didn't want to pursue the death penalty, expressing their belief that life without the possibility of parole was the more appropriate maximum sentence.
“They were on board with the decision,” which Borg said was finalized on Monday.
The Velezes and Burrows all are due to return to court on Feb. 3, at which time Borg said a trial date is to be discussed.
However, he believes a trial is still some time off, as there is forensic evidence from the arson at Busch's house that is still being processed by the Department of Justice, which has an extensive evidence backlog.
The defense attorneys also may want to reinterview witnesses and conduct other investigations of their own, he said.
However, Borg suggested that Judge Blum would not be happy if the trial date is set too far out. As such, he expects a trial late in late summer to be the most realistic.
“I don't expect anything earlier than that because there's a lot of material to go through and a lot of different ramifications,” Borg said.
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