The second day of a preliminary hearing for two Vallejo men accused in connection with the April death of a Bay Point man whose charred remains eventually were found in Vacaville will continue Wednesday in Solano County Superior Court in Fairfield.
Clifton Brooks Summerise Jr., 55, a previously convicted felon accused of murder, and Gene Arthelle Sanderson, 48, a previously convicted felon charged with robbery, are linked to the death of Adam Muela, 58, of Bay Point. His burned body was found April 13 on Cherry Glen Road.
Related Articles
Arrest made in killing of East Bay man found dead off Napa County highway
East Bay security company co-owners convicted of wage theft
Teen injured in shooting on BART train in Oakland
Berkeley: Three injured in pair of ‘deliberate’ hit-and-runs
Judge dismisses charge against ex-Antioch cop who shot suspected car thief with less-lethal launcher
Summerise and Sanderson entered Department 11 shackled and wearing striped jail jumpsuits. Fairfield criminal defense attorney Sal Giambona represented Summerise. The Alternate Public Defender represented Sanderson. Deputy District Attorney Ilana Shapiro leads the prosecution, aided by Solano County Sheriff’s Detective Joe Elliott.
Day 1 of the hearing began with the prosecution’s first witness, Daniel Lamons, 37, with Shapiro showing him a photo of what appeared to be a cellphone with a text message highlighted in blue.
Lamons confirmed he knew of the image, but little else throughout his testimony could be heard clearly because he spoke with such a low voice. While testifying, Lamons periodically yawned, rubbed his eyes and face. He did, however, identify Summerise.
Shapiro called a second witness, a woman who, likewise, identified Summerise, but, at times appeared to have some difficulty recalling events and occasionally asked Shapiro to clarify her questions.
At the end of the morning session, Judge Pendergast ordered Lamons to return to the witness stand in the afternoon, and, at the end of the day, scheduled Day 2 of the hearing to begin at 9:30 a.m. Wednesday in the Justice Center in Fairfield.
A third person linked to the case, Maria DeLeon, 43, aka Maria Anita Williams, entered no-contest pleas to grand theft of a person and being an accessory to a crime in July. She was scheduled to be sentenced Tuesday but Pendergast reset for 8:30 a.m. Nov. 3. Chief Deputy Public Defender Felicia Carrington represents DeLeon.
DeLeon, who was on probation at the time of her April 22 arrest, also faces felony and misdemeanor charges, among them possessing narcotics, assault with a deadly weapon, parole violation, battery of a spouse and willful cruelty to a child. Her bail on those charges is $50,000, but she remains without bail in Stanton Correctional Facility on the accessory and grand theft convictions.
As previously reported, court records show Shapiro filed on July 10 a motion to amend Summerise’s criminal complaint, adding a new charge against him.
Initially charged on April 12 with a fatal shooting and a home invasion robbery in concert with others on or about April 21, the new charge appears to be his April 24, 2012, conviction of three counts of armed robbery following a Santa Clara County Superior Court trial. If found guilty at trial in Solano, the judge likely will consider the prior convictions at sentencing.
Because the killing occurred during the commission of a robbery, the prosecution against Summerise potentially makes him eligible for the death penalty.
During a June 26 proceeding, Pendergast, citing the possibility of Shapiro seeking capital punishment, requested that Giambona file a CR-605 form, a Capital Case Attorney Trial Checklist. It serves as a tool for both the defense and the prosecution to ensure they have all the required records throughout the trial, if the case goes to trial. It also allows the attorneys to certify to the court that each has reviewed these requirements.
At one point during the June proceeding, Giambona told Pendergast that he knows a fellow attorney with prior experience with death-eligible cases who may be able to help him, should he need assistance, to defend his client.
The Solano County Sheriff’s deputies on April 22 arrested Summerise at or near the intersection of Pine and Magazine streets and DeLeon in the 900 block of Pine, taking them into custody in connection with the shooting death of Muela.
According to investigators, deputies on April 13 were called to the Cherry Glen scene on a report of a dead body. There, they found the charred remains of Muela, who had suffered gunshot wounds.