David Kobak sentenced 40 years to life, both defense motions denied

Sentencing was scheduled for convicted murderer David Kobak. Also scheduled were defense motions; one for a new trial and the other to dismiss the 25 to life firearm enhancement . I reported this on February 26 and my post has a response from Fred Loftus' daughter.



Judge Gregory Elvine-Kreis denied both defense motions.

Judge Gregory Elvine-Kreis sentenced Kobak to 15 years to life for second degree murder and an additional term of 25 year to life for the firearm enhancement which is to be served consecutively.

Kobak has 918 of actual custody credits. Judge Elvine-Kreis followed probation's reccomendation regarding sentencing and court fines and fees. "The weapon is declared a nuisance and destroyed," said Judge Elvine-Kreis.

On February 4, a jury found Kobak guilty of second degree murder and the special allegation that Kobak "personally and intentionally discharged a firearm causing great bodily injury or death" to Fred Loftus true. Sentence for second degree murder is 15 years to life. The special allegation sentence is 25 years to life. Judge Gregory Elvine-Kreis has discretion regarding the special allegation.

While Kobak was in custody, he was treated for prostrate cancer. Judge Elvine-Kreis also referred to "some mental health issue." Judge Elvine Kreis said he did consider Kobak's age but his ruling on the sentence was for the same reasons he denied the defense motions. "The gravity of the crime and the impact on the victim's family and community at large."

Deputy District Attorney Whitney Timm is the prosecutor for the case. Deputy Public Defender Casey Russo is Kobak's attorney.

Before court, Mr. Russo explained that he made a motion based on 1118.6. "That allows the Judge to do an independent review of the evidence. Or he can grant the motion for a new trial or reduce the conviction to a lesser."

Ms. Timm told Judge Elvine-Kreis, "the way Mr. Russo wishes the jury would have interpreted the evidence is not supported."

Judge Elvine-Kreis denied the defense motion to dismiss the 25 to life firearm enhancement. "Frankly, if there wasn't a gun in that house, the victim would be alive."

Judge Elvine-Kreis said that he was not going to reverse the jury's decision. He denied the 1118.6 motion. He said he did an independent review of the  evidence.


Previous post:
https://johnchiv.blogspot.com/2020/02/public-defender-requesting-new-trial.html?m=1#more