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Deadly Holiday Weekend Crime Spree Goes to Trial Suspects accused in two killings in two cities

Updated 2:45 PM PDT, Wed, Jan 7, 2009

Mugshots of killing suspects Franko Bernal (L) and Samuel Thomas McCauley (R).

 

Two El Cajon juries will hear details of a two-day deadly crime spree that happened over Thanksgiving weekend 2006 as the murder trials for two East County men begin.

Samuel Thomas McCauley and Franko Bernal face charges in the shooting death of Daunte Mercado-Bates, 18 , in Murrieta on November 24, 2006. The pair is also accused of shooting two people while robbing a Lemon Grove convenience store on November 25. Andre Villaverde was shot in the face and survived but 54-year old clerk Pedro Hernandez Vargas died from his injuries.

McCauley, 26, and Bernal, 22, will be tried at the same time to separate juries. On Monday, attorneys presented opening statements to McCauley’s jury in El Cajon's courthouse.

The convenience store robbery and shooting was caught on surveillance tape. Along with physical evidence found at the scene, prosecutors told jurors they have admissions by the defendant about his role in the killing. “There is no question that Tommy McCauley, Samuel Thomas McCauley, Jr., is guilty of multiple murders,” said Deputy District Attorney James Romo.

McCauley’s defense attorney said the video doesn't meet the "beyond a reasonable doubt" criteria and suggested Bernal could've been the man in the hooded sweatshirt who pulled the trigger.

“From the video you can see what happened, but from the video you cannot make identification, at least from the face,” said defense attorney John O’Connell.

In a preliminary hearing in May 2007, Villaverde testified about what happened when he went into the 7-Eleven located near the corner of Broadway and Lemon Grove Avenue to buy drinks.

"I was up at the counter, paying for my drinks and talking with the clerk. And then I heard the door open, and, next thing I knew, I was shot in my jaw," Villaverde said at the preliminary hearing.

McCauley and Bernal also face charges in the death of Murrieta teenager Daunte Mercado-Bates.

Mercado-Bates' body was found early the morning of Nov. 24 along a sidewalk east of Whitewood Road in Murrieta according to a published report. Autopsy results showed that he had been shot twice in the upper chest.

Investigators said they were able to connect the crimes, even though they were in different counties, because tests indicated the bullets at each scene had been fired by the same gun according to a report in the North County Times

Bernal faces charges of aiding and abetting for his role in the crimes. Opening statements in Bernal’s trial start Tuesday.

The district attorney's office is pursuing the death penalty in this case.

Comments (20)

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  • m2522 Friday, Jan 30 at 8:36 PM FLAG COMMENT Well first of all two people are dead and one in scared for life. This is so sad. Franko is my friend and I know he would never do anything like this. I would like to tell the family that I'm really sorry this happened. Anyone who can kill someone is a monster. There are so many reasons people kill people and those people are the ones who need help. Who are we to judge? Franko is the type of person who will not eat if you don' ... MORE >
  • Not a friend Sunday, Jan 25 at 3:31 PM FLAG COMMENT You people who are defending these two killers should wake up and see who they really are. The Princess, you're a fool nothing more to say but that and I bet you're a little crazy in the head go talk to a Dr please! The Cousin, I can see where you come from you are family and it wasn't his up bringing it is who Franko is, he's a killer. Life long friends, you are such a fool you think its right for idiots to kill the innocent ... MORE >
  • the princess Friday, Jan 23 at 12:59 PM FLAG COMMENT Franko is my friend, and I will back and support him for life. Just because someone makes a stupid decision or gets caught up with the wrong crowd doesn't give all you losers an excuse to sit around and pass judgement or talk sh*t! Get a life.
  • the cousin Friday, Jan 16 at 11:16 AM FLAG COMMENT wow you guys really like to talk trash.OK well im frankos little cousin and i can personally remember him and i being little kids and playing around outside. all im going to say is in no way every did he have a easy childhood. Many things happened that would make him mad at the world, but that does not mean he was raised in a bad manner or anything. I can tell u for a fact that our grandma (one of the sweetist ladies i will ev ... MORE >
  • i hate these kids Wednesday, Jan 14 at 10:02 PM FLAG COMMENT tommy was always a wannabe gangster ever since i first met him he just got to into drugs thats what happens

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