Free Response to Order to Show Cause - District Court of California - California

Case 3:07-cv-04900-VRW

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EXHIBIT B

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ThePeople anne State of California, Plalntlff,
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Report or the Probation Officer
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SIMEON LUYAO

Defendant

TO THE HONORABLE THOMASP, BREEN, JUDGE OFTHEABOVE ENTITLED COURT OF THE STATE OF CAlIFORNIA,lN AND FOR THE COUNTY OF St\N BENITO .
*Pursuent to the statute and the direction of this Court, the Probation Officer'hereby respectfully submits the following report regarding the abovenamed defendant after her having Pled guilty to the charge ofViolation of sections 187 P,C.. 2nd degree of the State of

celifornio.:.Penol
DATES IN CASE DATE OFFENSE COMM!TTED DATE OF ARR£Sl

cooes.

February 6, 1988
Februerv 6,1988

INFORMATIoN FILED
. REFERRED TO PROBATION OFFICER
,

May 27,1988
July 17, 1986

-. REPORT COMPLETED

August 26, 1988
August 30, 1988
238 days( actual)

COURT DATE
DAYS IN JAIL ATTORNEY

Robert H. Pinto Publlc Defender
HISTORY

DATE OF BIRTH BIRTHPLACE
EDUCATION OCCUPATION RESIDED IN Ct\UFORNiA

November 27, 1947
Philippines

College Graduate
Civil servant
2 years

RESIDED INCOUNTY
LATEST ADDRESS

Non-resident

seorementc, CA

1100 Howe Avenue

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PRESENT VIOLATION:

#88-93-15161 was filed on February 9, 1988 charging the defendant with a ; ' 6 violation of section 187 P.C., murder in the first degree, a felony. Thereafter, a preliminary hearing was held on May 25,1988 after which the defendant· 7 was bound over to Superior Court as charged. The def'endan. was arraigned 8 in Sjperior Court on May 31. 1988 pursuant to Information #3049 charging him with the same offense. Subsequently, a jury trial was scheduled for 9 July lJ.1988. However. prior to the jury trial, the defendant entered a plea 10 of guilty to violating section 187 p~c., murder in the second degree, a felony. August30.1988 was then set as the date for receipt of the Probation Report 11 and Sentencing.

5 - This matter originated in San Benito County Justice Court where complaint.

12 CfRCUMSTANCES OF OFFENSE: 13 14 Records Case #88-0220: 15 16
The following information was taken from San Benito County Sheriff) Dept.

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On February 6, 1988 at approximately 9:00 p.m., deputies responded to a reported attempted murder which had occurred on Hwy. 101 within the County boundaries.

After arriving at the scene, deputies contacted witness Lowell Ronolo who told deputies that while he was driving towards San Jose, the suspect, 19 . Simeon Luyao, attacked a passenger in the vehicle, Arturo Vasaya, with a 20 knife. The witness, stated that he stopped the vehicle and fled the area as be was concerned for his own safety. However, before abandoning the vehicle 21 he observed that the victim was in serious condition and there was a lar::!E: amount of blood on both the victim and the suspect at that time. 22

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suspect, . 23 Within a short period of time, the.Simeon Luvao was apprehended , while standing in a culvert just north. of the stopped vehicle. He 'was then taken into custody and placed under arrest for muroer, asthe victim had 1 'YO I succumbed as a result of his injuries. Deputies noticed that Me Luvao had _D blood on his hands, Iaceann clothes. A pat down search revealed a large 26 blood-covered knife on the person of Mr. Luyao. He was then transported to County Jaii and booked for murder.
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28 Subsequently. investigators advised Mr.Luyao of his rights, v/hich he
waived, and asked him if he wanted to make a statement. Mr. Luyao agreed
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to talk with investigators and stated that he did not know why he stabbed "Arturo." He said he. had orlglnalty planned to kill himself but insteadkil1ed Mr. Vasaya,

5 As a result of this offense, the defendant has been in continuous custody 6 238 days in custody. 7 DEFENDANT'S STATEMENT: 8

since February 6, 1988. Therefore, heis entitled to credit for having served

9 1988, the defendant stated that he is 'Very sorry that his cousin and very 10 goodfriend, Arturo Vasaya, is dead. The defendant stated that the whole 11 12thing was "an accident" and that he was acting "crazy" when this incident occurred. He went on to say that he does not know why he stabbed his cousin and that he has asked his family for forgiveness.

At the personal interview held at the. San Benito County Jail on August 26,

13 Mr. Luyao said that he is not a criminal. has never been convicted of any 14 rules and regulations in the jail. For these reasons, he said, he feels that the 15 court should sentence him to the lower term of fifteen years as penalty for
his crime. crimes either inthe United States or the Philippines, and tries to obey allthe

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INTERESTED PARTIES:

18 I am in receipt of an eleven page psychological report which was completed by Dr. Walter j. Wilcox, M.D. on April l, 1988. This report is the result of 19 approximately two hours of interviews by Dr. Wilcox with the defendant. It

20 is quite complete in regards to his family, educational and work background
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in the Philippines. hi addition, there is along discussion about Mr. Luyao's political involvements and the possibility that he had fallen out of favor with his mentor and would be harmed ifhe returned to the Philippines.

23 Dr. Wilcox concluded that there is at least a possibility that Mr. Luyao was suffering from a "dissociative disorder" in which his thinking was so 24 deranged and disorganized thatit affected his ability to carry outany 25 planned or rational activities at the time he killed Mr. Vasaya. On the basis of this conclusion, Dr. Wilcox stated that it is possible Mr. Luyao could not 26 appreciate the nature and consequences of his acts towards Arturo Vasaya, 27 nor could he could control them at the time When he stabbed his friend to death. In addition. Dr. Wilcox stated that he sees the situation as a desperate 28 and disorganized, as well as purposeless act, by an individual who was in
fear of being returned to his homeland where he might face assasination,

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prosecution for a murder which he claims he did not commit, or constant 3 harassment by his political enemies.

4 VICTIM'S STATEME:tiL
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The victim. Arturo Buscato Vasaya, was living at 91 Corey Road. Salinas prior 6 to his death. The next ofkin is a sister, FelinaPimentel who resides in Chualar. CA. She made final arrangements for Mr. Vasaya. 7
ACCOMPLICES/CQ-DEFENDANTS;

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9 None.·
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PRIOR RECORD:

11 12 None..
13 . Document.s presented to rnc by Mr. Luyao snow that he hac! been a civil servant from around 1972 unti11986 in his home town of Cebu, the 14 Philippines and was apparently held in high esteem. Therefore. it is remote 15 that he would have any kind of a criminal record. However. at the present time there is an outstanding warrant from the Philippines charging him with 16 the killing ofone Uldaricio Benitez who was murdered on December 7,1983 in Cebu.

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18 Mr. Luavo explained that his political enemies are attempting to have him convictedof the murder as a meansof getting him out oltheway. He stated 19 that he has been told by his brother, who is an attorney in the Philippines. i'99%.chance 20 thai if he went back to the philippines and stoodtrial.there is a thathe would be acquitted." 21 22 CONDUCT WHILE IN CUSTODY:

23 No adverse reports received.

~:II SOCIAL HISTORY,
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II a. Family History

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rangmg m age from 8 to 17 years. Tne j amily consists of four daughters, two 28 sons and a step-grand son.all of whom live with his wife in the Philippines.
Me Luyao stated that the family originally' lived in Cebu, the Philippines but

~uy~o is a 40 year old, married,_Ph~ip~ino ma.~e with six children.
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has since moved to the other end of the country to get away from enemies who are threatening the family. He said that his wife is building a new home and attempting to buy a business Irom which she hopes to support the family. c.Education

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The defendant stated that he attended local schools in Cebu. the Philippines 7 and eventually was graduatedfrom college with ateaching credential. He 8 stated that he was unable to obtain a teaching position after graduation from college and was forced to hold a series of blue collar-type positions before 9 entering Civil Service.

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d. Employment The defendant stated that around 1972 he became involved with a Congressman Ablnes who was a apparently a powerful political figure . around the Cebuarea. The Congressman apparently befriended him and the defendant became a barrio captain and later moved into higher and higher civil service positions. EVidently, When President Marcos was eventually , forced to leave the Philippines, Congressman Abines lost some of his power and at.some pointdecided to send his son toSacramento,CA to attend college. He asked Mr. Luyao to accompany his son as a kind of bodyguard.. Mr. Luyao apparently resented this situation as he wasseparated from his family and felt that the AbinesIamily was attempting to remove him from the political scene the Philippines. At any rate, Mr. Luyao came to this country in 1986 and obtained employment as a cook in a small restaurant. At the time of his arrest, he listed his employment as cook for Gary's Bar and Grill in Sacramento, CA.

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e. Physical Health The defendant appears to be in good health and reported no medical problems at this time. LMental Health
Originally, it was thought that the defendant may have psychological

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problems. Therefore, Dr. Wilcox completed an extensive psychiatric evaluation and found that any problems Mr. Luyao may have had were 27 situational and, aside from remorse for his crime and possible depression 28 due to homesickness. the defendant is probably not suffering any . psychological problems at this time.
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3 g. Drugs!Alcohol
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The defendant denied any use of experimentation with drugs and stated he is only a social drinker.

6 h. Military Service

i. Financial Condition 9 10 The defendant has no assets or liabilities at the present time. He was basically living a subsistance life-style while in the United States although he " 11 did own a business in the Philippines which has since been sold.
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j. Holds/Pending Charges

7 None. 8

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The County Sheriff's Department is in receipt of a detainer from the Republic of the Philippines which charges the defendant with murder. ~_sJ.1e-wh1- - ~merican authorities are under 'notice that the Phillipine Government wishes .."to extradite Mr. Luyaoto resolve those charg~s. _. In addition. a United States- . Border Patrol Hold has been placed on Mr. Luyao as his visitor visa has expired and he is, therefore, an illegal alien at this time.

18 CIRCUMSTANCES IN AGGRAYATION - RULE 421:
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19 (A) FACTS RELATING TO THE CRIME. INCLUDING THE FACT THAT: 20 (a) (0 The crime involved great violence, great bodily harm. threat of great
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bodily harm or other acts disclosing a high degree of cruelty, viciousness or 22 callousness whether or not charge or chargeable as an enhancement under Section 12022.7. 23 (a) (2) The defendant was armed with and used a weapon at the time of the 24 commission of the crim-e. whether Of not charged or chargeable as an 25 enhancement under Section 12022br 12022.5 .
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(a) (3) The victim was particularly VUlnerable.
(a) (12)

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The defendant took advantage of a position of trust or confidence to

commit the 'Offense.

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2 fBlEA,CIS RELATING TO THE DEFENDANT. INCLUDING THEFACT THAT: 3
None.

4 5 CIRCUMSTANCES IN MlTIGATION . RULE 423:
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6 (A) FACTS RELATING '1'0 nmCIUME, INCLUDiNG 'flm FAC'f THAT:

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(a) (3) The crime was committed because of an unusual circumstance. such

as possible mental disorder, which is unlikely to recur.

9 (B) FACTS RELAIINGTO THE DEFENDANT. INCL1JDING THE FA-CITHAT:
10 (b)(l) The defendant has no prior criminal record.

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(b) (2) The defendant may have been suffering from a mental condition that significantly reduced his culpability for the crime. (b) (3) The defendant voluntarily acknowledged wrongdoing prior to arrest or at an early stage of the criminal process.

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CRITERIA AFFECTING PROBATION -RULE 4.L-t

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(b) There is a likelihood that if not imprisoned the defendant will be a
danger to others.

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fC) FACTS RELATING TO THE CRIME. INCLUDING:
(c) (I) The circumstances of the crime were such that the defendant, without provocation or notice, stabbed and unarmed and innocent victim to death.
(e) (2) The vulnerability of the victim was such that the victim was an

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unsuspecting relative of the defendant who was unarmed-at the time of the
attack. 6

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(c) (3) The defendant was armed withand used a deadly weapon during the commission of the crime.

(c) (4) The defendant inflicted bodily injury resulting in the death of the
victim. . (c) (5) The defendant instigated the crime. The defendant was an active participant in the crime.

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(c) (6) The crime was committed because of unusual circumstances in that
there was a strongpossiblfity the defendant was suffering from amenta1 disorder at the time of the offense. .
(c) (8) The defendant took advantage of a position of trust and confidence to commit the crime.

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(D) FACTS REl.iATINQ..T_Q.THE DEFENDANT. INCLUDING: ,. .

(d) (1) The defendant has no prior criminal record. 14 15 'ENHANCEMENTS:
16 None.

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SUGGESTED COMMITMENT TERM:
Offense .Aggravation
Mitigation

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187 P.C.. 2nd degree. felony yes, 4 pts-,
Base Term

yes,4 pts.
Total Term

Enhance ments
none

SP-not less than 15 yrs .. 23 nor more than life

SP-2lyears

24 SUMMARY AND EVALUATION: 25 I Before the court for sentencing is Simeon Luyao who is a Philippine national: 26 is married, has a large extended family in the Philippines. and has been a
27 28 successful public servant in the past. The defendant has no prior record.Is now illegally in the, United States and is before the Court for his Iirstcriminal conviction,

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Available evidence seems to imply that Mr. Luyao was so distraught at the ( prospect of having to be returned the Philippines, he killed his .coustnIor no apparent reason. According to Mr. Luyao, his political enemies were attempting to frame him for a murder which occurred in Cebu, the Philippines around 1983 and were threatening his family. He stated that he was convinced that he would probably be killed if he returned to the Philippines. Thus, when his Visa expired, and the pressure mounted, he .exploded on February 6,1988 and killed his cousin.

8 However, it seems just as reasonable to believe that Mr. Luyao deliberately
9 10 killed the victim knowing that he would have to serve a prison sentence in the United States from S to 7 years and would, therefore, not be returned to . the Philippines. This might be in hopes that the political climate of the Philippines would change and he would no longer be threatened by his enemies. At any rate, this is a serious offense and Mr. Luyao understands that he will be required toserve a sentence in the State Prison.
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13'11 is felt that Mr. Luyaoshould receive a sentence of 21 yearsin ( this matter .. so thathe will serve a minimum of approximately seven years for his second 14 degree murder conviction. Seven years is the average time served for. '15 people who commit such a crime and the defendant's actions were neither more.outrageous or more 'mitigated than the usual second degree murder. 16 Therefore, it will be recommended that Mr. Luyao be sentenced to 21 years in p. rison.

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RECOMMENDATION:
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19· . In view or the preceding facts and circumstances. it. is respectfully 20 recommended that, probation be denied and that the defendant be sentenced totheCalifornia Department of Corrections for a term of twenty-onetzl) 21 years.
22 23 Dated: August 26. 1988 Respectlully submitted.

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DETE KRAUS CHIEF PROBATION OFFICER SAN BENITO COUNTY

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By Stan Peterlin Deputy Chief Probation

"'·~~4C::,:eCi:1{.L;-~.
o~ncer

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Pursuant toSection 1203 Penal Code; of the State of California. I have read and considered the foregoing Report and Recom mendation or the Probation Officer filed in this matter. .

6 DATED:

l.C277

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THOMA~ P..BREEN

JUDGE OF THE SUPERIOR COURT

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