San Diego Criminal Attorney

TEMECULA: Plea deal leads to testimony in Temecula murder trial

Jurors in the trial of a man accused in the 2005 murders of a reputed San Diego gang member and a Temecula liquor store clerk were asked this week to believe testimony of a co-defendant who struck a deal with prosecutors and admitted lying to investigators.

Dale Dante Thomas, 27, of San Diego and Marcus Fletcher, 27, of Temecula each faced the death penalty in a Southwest Justice Center courtroom in connection with the shooting death of Rafi Ibrahim on April 1, 2005, inside Rancho Liquor on Old Town Front Street.

Fletcher also is charged with the January 2005 gang-related shooting death of Kedran Howard in San Diego. Fletcher faces allegations he committed the crimes to benefit a criminal street gang.

San Diego County prosecutors agreed to let Fletcher be tried in Riverside County for both slayings.

In March, as jury selection for the trial was under way, Thomas pleaded guilty as part of an agreement with prosecutors.

At that time, Judge F. Paul Dickerson ordered details of that agreement sealed and ordered the attorneys not to discuss the terms of the plea deal.

On Monday, Dickerson lifted the gag order and unsealed the plea agreement.

Under the deal, instead of possibly facing death, in exchange for his truthful testimony Thomas would be sentenced to 30 years in prison.

"There are no guarantees in this particular deal," Supervising Deputy District Attorney Sam Kaloustian said outside the courtroom Tuesday.

If at the end of the trial the judge and the prosecutor believe Thomas testified truthfully, the 30-year sentence would be solidified, Kaloustian said.

"If he is not truthful, we will withdraw the deal and proceed against (Thomas) as we did before," Kaloustian said.

Thomas was called to the stand Monday by Kaloustian, the 68th witness called by the prosecution in the trial.

"He testified all day on Monday," Kaloustian said Tuesday. "He has already been implicated (in the murders). He just provided more details, especially about the case in San Diego."

According to Kaloustian, Thomas testified Monday that he had been the driver in both murders, but that it was Fletcher who pulled the trigger.

During prior hearings, investigators have testified that Thomas admitted driving the getaway car.

Outside the courtroom Tuesday, Michael Duncan, Fletcher's defense attorney, called Thomas "a morally bankrupt man who will say anything to save his own life.

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The San Diego Criminal Lawyer

Article by Heini Ouellet

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