Amid continued confusion over who will represent the man suspected in the April 15 slashing death of Robert Burke Simpson at Arroyo Burro Beach, Santa Barbara County Superior Court Judge William Gordon on Tuesday continued the case until May 11.
The arraignment of Adrian Robles, 20, of Santa Barbara, had been continued last week when it was unclear which agency would represent him. Senior Deputy District Attorney Hilary Dozer said that because the Public Defender’s Office had claimed a conflict of interest, Conflict Defense Associates — a contract company he said has worked with the District Attorney’s Office for more than two decades — was selected to take the case.
The problem Tuesday came from finding the appropriate attorney within that agency. Aside from having enough time to take such a case, the attorney assigned to it must have a number of similar trials on his or her record to prove competence.
CDA attorney Ben Bycel represented Robles at Tuesday’s hearing, but he acknowledged not being qualified to defend a case with the potential to become a capital murder trial. He said colleague James Crowder does fit the qualifications, but that he is defending a client in another murder trial that isn’t likely to reach its denouement for at least two more months.
“It typically takes a year before a case like this goes to trial, and I don’t want to spend the first two months waiting for Mr. Crowder to finish another trial,” Dozer said.
Dozer said Robles’ murder charge is accompanied by special circumstances for involvement in a criminal street gang and use of a deadly weapon, plus a criminal street gang enhancement, which is separate from the special circumstances. By itself, the felony murder charge carries a potential sentence of 25 years to life, but the special circumstances increase the penalty to a potential of life without parole or death.
With the number of complicated cases they can take each year limited by current caseload, Dozer suggested that perhaps CDA doesn’t have the manpower with which to represent Robles.
“I don’t think we’re between a rock and a hard place. I just want to make sure we are able to move the case forward,” said Dozer, adding that although he would like to see a preliminary hearing occur within the next 10 days, he understands that Robles’ defense has a significant volume of police reports and other information to wade through before hearings can commence in earnest.
Motive not bearing the burden of proof in a case such as this, Dozer said that with the criminal gang special circumstance, he could attempt to prove that Robles’ alleged actions benefited a criminal street gang.
“Respect is the biggest issue in their social creed, so gaining respect for the gang (by killing Simpson) would benefit the gang,” he said.
Dozer said he doesn’t expect Robles to be released on bond.
“My expectation is that he’s (in the County Jail), no bail has been set, and he’s not getting out,” he said.
Simpson, a 44-year-old Mesa resident, was stabbed during an altercation near the grassy picnic area at the beach, 2981 Cliff Drive. More than 200 people were said to be in the vicinity at the time of the incident, and witnesses said Simpson was attempting to break up a fight when a young man ran up behind him and slit his throat.
— Noozhawk staff writer Ben Preston can be reached at bpreston@noozhawk.com.