Comments Off on Benicia man convicted of Meth-fueled first-degree murder and torture in Martinez teen’s 2009 slaying

MARTINEZ — A Benicia man was convicted of first-degree murder and torture on Thursday in the death of a Martinez teen whose body was dumped on the side of McEwen Road in December 2009.

The jury deliberated for more than two days before finding 32-year-old Robert Gardner guilty of all counts in connection with 18-year-old Eric Bean’s death, including burglary and grand theft.

Two more men — father-and-son Timothy Delosreyes Jr. and Timothy “Timmy” Delosreyes III — are awaiting separate trials for their alleged roles in the killing and torture, which prosecutor Jason Peck said occurred because the group was afraid Bean was going to implicate them in the theft of his father’s guns.

A fourth defendant, Gardner’s wife Melody Rives, took a plea deal that hinges on whether her testimony was truthful at the trial.

Bean choked on his own blood when Timmy, his childhood classmate, put a dagger in his mouth and stepped on it, Peck said.

It was a final act in a torture that went on for hours as Bean was hogtied and the defendants were high on methamphetamine.

Gardner’s attorney admitted that her client observed the torture and helped dispose of the body but argued that Gardner was not an active participant in the killing and had no legal duty to intervene.

Jury forewoman Teresa Dye said the prosecution proved its case many ways.

“We actually tried to prove him not guilty, and we couldn’t do it,” Dye said. “It was traumatizing for all 12 of us, but in the end we know we served justice and did right by Eric Bean.

“I personally want the (Bean) family to know we grieved their loss in that (jury deliberation) room,” Dye said.

“I also feel the pain of Robert’s parents.”

Gardner faces up to 25 years to life in prison when he is sentenced April 26.

 

 

 

http://www.contracostatimes.com/news/ci_20285638/benicia-man-convicted-first-degree-murder-and-torture

 

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