On April 11, a jury found Gary Lee Bullock guilty on all counts of the murder of Fr. Eric Freed. On April 15, Bullock withdrew his plea of not guilty by insanity
Gary Lee Bullock was charged with Count 1 murder with three special allegations: infliction of torture, murder committed while engaging in first degree residential burglary, murder committed during carjacking. Count 2 and 3 are both first degree residential burglary. Count 4 Vehicle theft. Count 5 arson of inhabitated structure, Count 6 is carjacking and Count 7 is Torture.
Judge John Feeney's tentative decision had been to follow probation's recommendation and sentence Bullock to two life sentences without the possibility of parole and a determinate sentence of thirteen years and two months.
Bullock's lawyer, Mr. Kaleb Cockrum brought up Penal Code 654 saying that according to that code, you can't be punished twice for the same act in California. And then attempted to list the car jacking and a few other counts as being part of a continuous chain of events; Mr. Cockrum did not include attempted arson among these crimes.
MS. Fleming responded that all special circumstances had been addressed in the DA's memo on sentencing by Mr. Isaac. Addressing the 654 argument by Mr. Cockrum, she said, "I do agree 654 applies to car theft so that sentence should be stayed. All other charges are distinct and stand alone."
Judge Feeney agreed with Ms. Fleming.
The final decison was two life sentences without possibility of parole and a determinate sentence of 12 years and 6 months; all to be served consecutively.
Count 1: Life in prison without possibility of parole
Count 2: 1 year and 4 months (1/3 of the mid term)
Count 3: 1 year 4 months (1/3 of the mid term)
Count 4: 8 months (1/3 of mid term)-- stayed due to PC 654
Count 5: 10 months (1/3 of mid term)
Count 6: 9 years
Count 7: Life in prison without possibility of parole
The credit of 861 days in jail would be applied to Count 6.
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