A San Diego County man found guilty of first-degree murder and assault with a deadly weapon in the death of his neighbor over a tree-trimming feud last year was sentenced to a total of 64 years to life in prison.
Defendant Michael Vilkin of Encinitas showed little emotion as the verdict was read in a Vista court Friday afternoon, capping his trial for the shooting death of his neighbor, filmmaker John Upton. Vilkin fatally shot Upton in March 2013 after a year-long dispute that began over tree-trimming.
Vilkin was sentenced to two counts of 14 years in prison and one count of 50 years to life for murder for a total of 64 years to life, to be served consecutively.
When Vilkin spoke during the trial, he said he was sorry Upton lost his life "fighting for road his landloard did not own."
At Vilkin's sentencing, Upton's daughter said going through the trial has been difficult and called the crime "unbelievable."
"This process has been grueling and I don't wish it on anyone," she said. "I will never understand how someone could take a person's life and show no remorse."
Elizabeth spoke emotionally about her father's death.
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"My father will never meet his grandchildren and this guy will die in jail, all for what," she said. "Two lives are gone and we're here left to pick up the pieces."
The prosecution asked for 64 years to life while the defense asked for 25 years to life.
During his trial, Vilkin testified that Upton’s body language had become threatening over time and said he even saw Upton with a gun once. Vilkin testified that he feared his neighbor would hurt him.
On the day of the confrontation that led to Upton’s shooting, Vilkin said he “prepared for the worst.”
That day, as Vilkin was working on some property he owns next door to Vilkin’s Encinitas home, Vilkin testified that Upton approached him angrily and holding what looked like a gun.
Vilkin was armed and shot Upton on the stomach and head. Prosecutors said Upton was not armed at all, but was instead carrying a phone in his hand.
During his trial, Vilkin took the stand and said he wasn’t happy about killing Upton and called the shooting an “automatic action to protect my person.”
Bailey told NBC 7 the trial was emotionally draining for everyone sitting in the courtroom, but with this guilty verdict, justice has been served.
"He was just my dearest soul friend," said Bailey, tearing up as she remembered Upton. "He was very supportive and fun and a good friend. I would call him a fierce Leo, lion protector because he truly was a protector."
