MURDER SUSPECT MAY NOT FACE TRIAL ON LESSER CHARGES.Byline: Sylvia L. Oliande Daily News Staff Writer The state Attorney General's Office said it plans to move to dismiss spousal spou·sal adj. 1. Of or relating to marriage; nuptial. 2. Of or relating to a spouse. n. Marriage; nuptials. Often used in the plural. abuse charges against the Ojai man charged with the murder of 14-year-old Kali Manley, officials said Monday. David Ramiro Alvarez, 22, is scheduled to go on trial on April 12 to answer to a misdemeanor charge of beating his estranged es·trange tr.v. es·tranged, es·trang·ing, es·trang·es 1. To make hostile, unsympathetic, or indifferent; alienate. 2. To remove from an accustomed place or set of associations. wife in August. State prosecutors said they will make the motion for dismissal motion for dismissal n. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case. then. Bill Maile, a spokesman for the Attorney General's Office, said the trial would cause ``needless exposure'' to the woman and to the witnesses expected to testify against Alvarez. Brooke Alvarez, who has a 2-year-old son with David, filed a complaint last year that said her husband attacked and forced himself on her at the home she shared with her mother. Maile said the trial also would take time away from prosecution of the first-degree murder charges and attempted rape charges filed against Alvarez on March 25. ``Presentation of the evidence on this case at this time would act as an unnecessary diversion of our efforts which we are concentrating on, the murder case,'' he said. James Farley
James (Jim) Aloysius Farley (May 30, 1888–June 9, 1976) was an American politician who served as head of the Democratic National Committee and Postmaster General. , Alvarez's Ventura-based attorney, said he had no comment on the state's decision. Alvarez has been in custody in the Ventura County jail since Dec. 21, when he was arrested on suspicion of verbally attacking Oak View mother Kim Schmelz and her son on the night that Kali disappeared. The teen had been spending the night with a girlfriend when she left with Alvarez and one of his friends after midnight Dec. 20 to buy alcohol at a local convenience store. Alvarez was believed to be the last person to be seen with her alive. On Dec. 26, after a community search in vain for her, he led authorities to Kali's strangled stran·gle v. stran·gled, stran·gling, stran·gles v.tr. 1. a. To kill by squeezing the throat so as to choke or suffocate; throttle. b. body in a culvert 30 miles north of Ojai. When charged last month, Alvarez pleaded not guilty to first-degree murder with special circumstances special circumstances n. in criminal cases, particularly homicides, actions of the accused or the situation under which the crime was committed for which state statutes allow or require imposition of a more severe punishment. and to attempted rape in the slaying of the teen-ager. He also pleaded not guilty to charges of making terrorist threats and assault with a firearm firearm, device consisting essentially of a straight tube to propel shot, shell, or bullets by the explosion of gunpowder. Although the Chinese discovered gunpowder as early as the 9th cent., they did not develop firearms until the mid-14th cent. in the unrelated confrontation with Kim Schmelz and her son. |
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