A jury on Aug. 5 acquitted a Navy man of murder and manslaughter in the stabbing death of another sailor who caught him in bed with his wife in Lakeside.
Dylan Poston, 27, was released from jail that night by El Cajon Superior Court Judge John Thompson following the jury’s not guilty verdicts in the death of Anderson Lopes, 24, on March 6, 2018.
“Mr. Poston is appreciative of the jury’s verdicts acknowledging his right to self-defense,” said his attorney, David Shapiro, afterwards.
“A young man lost his life. Thankfully the jury did not compound the tragedy by convicting Mr. Poston when the law entitled him to an outright acquittal,” said Shapiro.
The seven man, five woman jury deliberated 7 1/2 hours over two days before reaching their verdict.
Lopes came home to his condominium in the 13000 block of Pinkard Way around 10 p.m. and discovered Poston in bed with his wife, Michelle Tsethlikai, according to testimony.
Lopes grabbed a 16-inch shower bar from a downstairs bathroom and hit Poston repeatedly, said Shapiro. Poston initially didn’t fight back, but at some point grabbed a knife and stabbed Lopes five times.
Shapiro argued for acquittal for second-degree murder and voluntary manslaughter, citing self-defense.
Deputy District Attorney Will LaFond asked the jury for a second-degree murder conviction. LaFond declined comment after the verdict.
Shapiro told jurors his client’s actions were “reasonable” as it was Lopes who struck Poston first with the shower bar.
The deputy medical examiner testified Lopes was stabbed twice in the chest with his aorta and a lung pierced. Lopes died from loss of blood.
Tsethlikai called 911 and an ambulance took Lopes to a hospital, where he was pronounced dead. Sheriff’s deputies arrested Poston, who declined medical attention for injuries to his forehead and bloody ear.
Poston testified that he struck Lopes in self-defense. He is still in the Navy “and continuing to serve our country honorably,” Shapiro said.
Opening statements were given July 24 and Shapiro’s co-counsel was Stefano Molea. Poston was in jail for 17 months before his release after his acquittal.
Spring Valley man convicted of murder
A jury convicted a Spring Valley man on Aug. 5 of first-degree murder and robbery of a young man who was shot on Dec. 27, 2017, in East County.
Deputy District Attorney Christopher Rhoads said Alejandro Antonio Pearce, now 20, faces a prison sentence of 25 years to life for the slaying of Candido D. Aragon, Jr., 21.
El Cajon Superior Court Judge Jeff Fraser sentencing for Sept. 3. Pearce remains in jail without bail.
The jury deadlocked over allegations as to whether Pearce had personal use of a gun during the crime. Rhoads said he might face a retrial on the gun use allegations.
A 17-year-boy was also arrested, but his case is believed to have been handled in Juvenile Court and is not public record.
The shooting took place at 6:52 p.m. in Spring Valley in the area of Concepcion Avenue and San Francisco Street.
Jurors deliberated 2 1/2 days before reaching their verdicts. Opening statements and testimony began on July 22.
Makayla Suseberry, 20, pleaded guilty to accessory after the fact and theft of jewelry from her grandmother that was sold at a pawn shop.
Sentencing was delayed for Suseberry until July 8, 2020. She remains free on bond.
Rhoads said it was believed that Suseberry disposed of the firearm used in the slaying.
The victim died in a hospital a day after being shot. Aragon had been shot twice in the head and once in the hand.