2nd Teenage Killer Gets Life With No Parole In 2012 Murder Of Castro Valley Woman
OAKLAND (CBS SF) -- A judge sentenced a 19-year-old man to life in prison without parole Friday morning for the 2012 strangulation death of a Castro Valley woman.
Christian Birdsall was sentenced in an Alameda County Superior Court for murder and arson charges for choking 58-year-old Barbara Latiolais in her home and then setting the house on fire.
In addition to his sentence, Birdsall, who was 16 when he committed the crime and is being prosecuted as an adult, must also pay a restitution fee of $10,000.
Defense attorney Kimberly Kupferer argued for Judge Jon Rolefson to give her client a sentence of 25 years to life, with the possibility of parole, citing the fact that Birdsall has since shown remorse for the murder and has participated in meditation, yoga classes, Bible studies, and has earned his high school diploma, all while incarcerated.
Kupferer also noted Birdsall's difficult childhood, which included growing up without a father and at times being homeless.
When Judge Rolefson gave Birdsall a moment to speak, he asked the judge permission to face Latiolais' family.
"I want Barbara's family to know that I'm sorry. Everyday I'm sorry. Every moment, every breath, I will be sorry," Birdsall said to the family, as he cried.
In a letter read to the court, Latiolais' partner of 36 years, Michael Rice, called Birdsall a "disturbed person," adding that he believed Birdsall was the mastermind of the crime because "he knew I would be out of town."
"As poor as his upbringing was and as much as he was lacking in his life, it's noteworthy that he turned against the very people who were trying to help him," Judge Rolefson said.
On Oct. 17, 2012, Birdsall went to Latiolais' home with a friend, Cody Nicosia, intending to steal items from the house, located in the 2400 block of San Carlos Avenue.
Latiolais had hired Birdsall in the past to do yard work for her, prosecutors said.
The two waited in a crawlspace for several hours and waiting for Latiolais to leave the house, according to prosecutors.
When they realized Latiolais wasn't going to leave the home, the two surprised her inside the house before strangling her with their hands. Latiolais eventually died, after the two wrapped a rope around her neck and choked her to death, prosecutors said.
Birdsall and Nicosia then stole guns, cash and rare coins from the home. They drove away in Latiolais' Volvo SUV, but returned later that night, realizing their fingerprints were all over the house.
The two poured gasoline throughout the house and then lit it on fire, hoping the fire would help conceal evidence of the crime, according to prosecutors.
Nicosia, 20, was convicted in a separate trial on identical charges earlier this year. Nicosia was sentenced on March 5 to life in prison without parole.
Defense attorney Kimberly Kupferer said she and her client were disappointed in the judge's decision and will file an appeal.
"Life without parole should only be given in the most egregious situations and we have to look at the individual, the child, and it seemed like the judge focused more on the crime and not the child," Kupferer said.
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