Man Accused of Rape and Murder Pleads Not Guilty In Chelsea King Murder Case and Faces Possible Death Penalty – California Penal Code Section 190

It was recently reported that a California registered sex offender was charged with rape and murder in connection with the disappearance of Chelsea King, a 17-year-old San Diego girl last seen jogging in a community park near Lake Hodges. A body was recently recovered from a shallow grave in Rancho Bernardo Community Park that authorities believe to be King’s.

30-year-old John Albert Gardner III of Lake Elsinore pleaded “not guilty” to all charges which stemmed from King’s disappearance. According to the San Diego County district attorney’s office, Gardner is eligible for the death penalty if convicted. However, the office has not yet determined whether it will pursue capital punishment.

California has been a death penalty state since the legislature re-enacted it in 1977. Under California Penal Code Section 190, a first-degree murder conviction is punishable by death, life imprisonment without the possibility of parole, or imprisonment in state prison for a term of 25 years to life. To specifically incur the death penalty, the murder must also involve certain conditions enumerated in California Penal Code Section 190.2. This section provides a list of “special circumstances” that include: murder committed for financial gain, intentional killing of a peace officer, intentional killing by means of lying in wait, murder that is especially heinous, and a number of other circumstances.

When faced with serious criminal charges that can incur the death penalty, it is imperative that you contact an experienced criminal defense lawyer who can provide effective representation. Our San Diego violent crime defense attorneys at Wallin & Klarich have over 30 years of experience in defending the criminally accused. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.