One of three defendants in the murder of a wealthy Monte Sereno man appeared in Santa Clara County Superior Court in San Jose today as prosecutors said they intend to seek the death penalty or life imprisonment without parole in the case.
Javier Garcia, 21, watched as Santa Clara County Judge Jerome Nadler ordered he be held without bail and return on Friday to face six felony counts in the Nov. 30 murder-robbery of Raveesh Kumra.
Garcia, of Oakland, Deangelo Joseph Austin, 21, of Sacramento, and Lukis Delorean Anderson, 26, residence unknown, are charged with murdering Kumra while in the commission of a robbery of cash, collectable coins, jewelry and other property at Kumra's home, according to the district attorney's office.
The three men are also accused of assault with a deadly weapon by using a metal object to strike Hariner Kumra, Kumra's wife, threatening her with bodily harm and falsely imprisoning both her and husband during a night time attack in the couple's home, prosecutors said.
The robbery charge qualifies as a special circumstance under California law that coupled with a conviction of first-degree murder carries a penalty of death or life in state prison without possibility of parole, according to an amended criminal complaint prosecutors executed on Monday.
Prosecutors also mentioned that each defendant has a prior felony conviction that could increase penalties imposed on them, including Anderson and Austin for burglary and Garcia for selling illegal drugs, according to the amended complaint.
Raven Dixon, 22, who was arraigned in Superior Court on Dec. 21 on a charge of conspiracy to commit murder in connection with Kumra's homicide, was never mentioned in the amended complaint.
Anderson, who was arraigned on murder and other charges last Friday, is set to offer a plea in Superior Court at 2 p.m. this Friday, while Austin's arraignment is on the court calendar for Thursday at 1:45 p.m., according to the court clerk's office.
But Austin's hearing will likely be held over until Friday so that all three defendants may face charges in the amended complaint, the district attorney's office said.
Anderson is to be arraigned on a burglary charge in a separate case on Jan. 10 in the county's Terrain Courthouse, 155 Terraine St., in San Jose, according to the court clerk's office.
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