'I had an influence with him': New testimony provides more details in double murder case

Oct. 25—Following several evidentiary hearings in the resentencing case of Leon Lampkin Jr., the Yuba County Superior Court heard new testimony from Mike Owens on Friday recounting the pair's involvement in the 1998 robbery and double murder of Leoncio and Alejandro Jimenez.

According to the Yuba County District Attorney's Office, Lampkin along with co-defendant Michael Owens attempted to rob the Jimenez brothers on March 18, 1998. A gun fight reportedly broke out during the robbery, which resulted in the brothers' deaths and Owens being shot three times.

Owens was sentenced to serve four life terms plus 79 years, and previously maintained his innocence during sentencing.

A jury later determined that while Lampkin did not intentionally discharge a firearm during the crime, he was found guilty of felony murder and sentenced to serve 37 years plus two life terms.

After nearly 25 years, resentencing could be possible for Lampkin.

With the passing of Senate Bill 1437 in 2019, California's felony murder rule was modified as it pertained to persons who did not directly commit a killing.

This change ensures that liability for murder is not imposed on someone unless they were the actual killer, acted with intent to kill or acted as a major participant in an underlying felony with reckless indifference to human life. The California Legislature chose to make this change retroactive, which has reopened thousands of murder convictions, including Lampkin's.

Yuba County District Attorney Clint Curry previously explained that the courts must now determine if evidence supports Lampkin's murder conviction under the new definition. If not, his convictions would be reversed and sentences would be vacated, leaving only the charges for attempted robbery.

"Lampkin would be a free man," Curry previously told the Appeal.

During Friday's hearing, Owens delivered testimony explaining how he planned the robbery and convinced Lampkin to join him. Despite previously maintaining his innocence, Owens has applied for clemency and provided details about his and Lampkin's actions during the robbery as part of his application.

Owens said that the events he described in his statement of insight and testified to were based on his memory, probation report and what was presented in his 1999 trial.

According to Owens, he and Lampkin grew up together, but weren't particularly close friends. Around the time of the murder, Owens said that he became involved in gang activity and was looking to recruit Lampkin by convincing him to take part in the robbery.

Owens said that he chose to rob the Jimenez brothers because he heard that they were drug dealers and, at the time, believed that they were "fair game." On top of using the robbery as a recruitment tactic, Owens also hoped to get drugs, money and weapons out of the incident.

"I knew that I was going to need help, so I started to think of who I could get to join me," he said. "I felt like I could manipulate (Lampkin) into helping me. He was younger than me. I had an influence with him."

Owens also testified to needing Lampkin to translate during the robbery because he was fluent in Spanish. He also viewed Lampkin as "someone with heart" who could be reliable in future gang activity.

After convincing Lampkin to take part in the crime, Owens planned to rob the Jimenez brothers that same day.

At the time of the incident, investigators reportedly found backpacks filled with duct tape, bullets, shotgun shells and other items outside the Jimenez home. Owens testified to putting these kits together in preparation for the robbery and later taking Lampkin with him to the Jimenez home.

Before initiating the robbery, Owens said he armed himself with a 9 mm pistol and Lampkin with a short barreled shotgun.

"I told him everything was going to be OK; that it was going to be smooth," he said. "I know it doesn't make any sense at all, but in my thinking at the time, I thought the robbery would go smoother if (Lampkin) had a gun too because people don't resist when you have a gun."

After arriving at the Jimenez residence, a gunfight erupted which resulted in the brothers' deaths and Owens being shot three times — once in the abdomen and once in each leg. He was found lying in the road by authorities.

Owens also wrote in a statement of insight that Lampkin walked into the kitchen with his gun trained on Alejandro Jimenez. When he tried to grab Lampkin's shotgun, the victim had almost "complete control" of the gun. Lampkin reportedly pulled the trigger causing the shotgun to discharge into the ceiling.

Owens testified to seeing Lampkin and Alejandro Jimenez struggling over the shotgun after it was discharged. Leoncio Jimenez shot Owens in the stomach shortly after and Lampkin jumped out of a window to escape, he said.

Both the defense and District Attorney's Office are still arguing for which evidence materials may be allowed in the judge's ruling for Lampkin, Curry told the Appeal. Another hearing for Lampkin will be held at 9 a.m. on Nov. 3. Curry said that it is possible that Judge Stephen Berrier will make a ruling from the bench or issue a written ruling at the conclusion of the next hearing.