A man accused of kidnapping and strangling his ex-girlfriend to death in her Carlsbad home is scheduled to appear in court next month for a preliminary hearing, according to the North County Times.
If Michael David Robles, 43, is found guilty of lying in wait he may be eligible for the death penalty.
Kathy Scharbarth, 34, went missing on Thanksgiving night. She was found strangled to death in a shallow grave in the Fallbrook area the next day.
A neighbor told District Attorney Kelly Mok that Robles was hiding in the bushes near Scharbarth’s house the night before she went missing. When the neighbor confronted him, he jumped a wall and fled into a nearby canyon.
The DA claimed that Robles returned at about 11 p.m. when Scharbarth was walking her boyfriend to his car. While she was outside saying goodbye, Robles snuck into her house to wait for her, Mok said.
"At that time the defendant strangled the victim to death, after murdering the victim inside her home while her daughter slept in an upstairs bedroom, the defendant went through extensive efforts to dispose of the victim’s body,” Mok said.
“He ultimately transported the victim to a rural area in Fallbrook, dug a shallow grave and buried the victim in Fallbrook," Mok added.
She claimed that after burying the body, Robles joined his friends for Thanksgiving dinner. The next day, she added, he made plans to fly to Mexico.
The preliminary hearing is set for Feb. 7.
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