P. v. Fava
A jury found defendant Troy Dante Fava guilty of the murder of Adam Atencio (Pen. Code, § 187, subd. (a)),[1] grand theft (§ 487, subd. (a)), and burglary (§ 459). The jury also found that defendant was armed with a firearm in each count. (§ 12022, subd. (a)(1).) In a bifurcated trial, the court found that defendant had two prison priors. (§ 667.5, subd. (b).) Defendant was sentenced to 35 years to life, and appeals.
At trial, the evidence showed that Adam Atencio was shot and killed on March 7, 2008, at the apartment of Lucas Buckingham in Hesperia, after defendant and several of his cohorts burglarized the apartment and beat up Buckingham. Buckingham’s Glock handgun was stolen from the apartment. It was unclear whether defendant or one of his cohorts shot and killed Atencio with a second handgun, a Sig Sauer.[2]
Shortly after the shooting, San Bernardino County Sheriff’s Deputy Frank Hardin and other deputies entered defendant’s home with guns drawn. After searching defendant for weapons, Deputy Hardin told defendant he was a suspect in a shooting that had just occurred nearby, and asked defendant to step outside so that a witness could identify him or rule him out as being involved in the shooting. In response, defendant said he had not left his house all day and could not have been present at the shooting. Defendant was not read his Miranda[3] rights before he made the statement.
Comments on P. v. Fava
Apon reading this Appeal I was not only shocked but heart broken and confused about what code of ethics a court appointed appeal attorny would commonly apply if any at all My name is Tara Breese and Troy Fava is my little brother it's disgusting to me to see my brother being prosecuted again through his Appeal and I don't know what if anything can be done about it but the Truth needs to be told ....First off Troy was not armed in any of the incidences mentioned and I'm sure after doing gun powder residue for all the course defendants that should have been the facts Troy in fact never was armed Second the house was not burglarized never was there an intent to burglarize and it never happened Period! No forced entry because Atencio let them in the front door before returning to the coach picking up the glock and firing 6 shots throughout the apartment the fact Atencio shot 6 shots first was proven through bullet trajectory and forensics but that fact was not allowed to be brought up in trial .......It seems to make a huge difference don't you think? .....also how were any of these boys charged and then convicted or grand theft and burglary??? Other then picking up the glock that was being fired so that it nolonger posed a threat nothing was taken ? Or intended to be taken ..Also I happen to know the glock was not registered to Buckingham in fact it was obtained illegally off the streets ??.So how can they steal a gun that belongs to Noone???...this is such Bullshit and it sickens me also is it not obvious that Buckingham said Pete Lewis was shooting the gun yet minutes after the incident he pointed my brother out as being the shooter ? Clearly a fucking liar who has issues with fava and wants to get even ???? ......this appeal is filled with Bullshit Lies and makes my brother out to be a monster Fuck the system