A Winchester man who drove an acquaintance to a Temecula house, where the acquaintance robbed and fatally shot a relative, was acquitted today of murder and other charges.
Following a roughly weeklong trial, a Murrieta jury decided that Ian Edward Inserra was not culpable in the July 2011 death of 53-year-old Bradley Capen.
"He's a free man again," Riverside County Deputy Public Defender Brian Cosgrove told City News Service. "The jurors I spoke to said they felt sorry for Mr. Inserra. They felt my client had been taken advantage of, and they wanted to make sure he would have a chance to get back on his feet and stay away from the wrong people."
A separate jury failed to reach a unanimous verdict in the defendant's first trial in March. The District Attorney's Office opted to move forward with a retrial on charges of first-degree murder, conspiracy and a special circumstance allegation of committing a murder in the course of a robbery.
"Mr. Inserra was a single father, taking care of his 9-year-old son and working four jobs when this happened," Cosgrove said. "He barely knew the shooter and had no idea what was going on the night Mr. Capen was slain."
A jury in March convicted 30-year-old Kyle Christopher Miller and 48-year-old Patty Ann Lamoureux of murdering Capen. The defendants were each sentenced in April to life in prison without the possibility of parole.
According to the prosecution, Miller had been at odds with his uncle, after several unexplained thefts at the victim's ranch house in the 44900 block of Los Caballos Road. Capen was also unhappy about his nephew's drug use and eventually barred the convicted felon from coming onto his property, prosecutors said.
Sheriff's investigators said that on the night of July 6, 2011, Miller and Inserra drove to the victim's house armed with a sawed-off shotgun. After arriving at the location, Miller forced his way into the residence and stormed into his uncle's bedroom, demanding prescription medication and cash, investigators said.
Capen apparently refused, and Miller shot him in the head, prosecutors said.
Two relatives were in a separate room down the hall and heard the commotion. The witnesses told authorities they saw Miller leave the room and dash out of the house, according to the prosecution.
The defendant and Inserra drove to Lamoureux's residence, where Miller gave her the shotgun to hide, which she did, having full knowledge about the plan to kill Capen beforehand, according to trial testimony.
According to Cosgrove, Inserra was an unwitting accomplice and drove Miller to the victim's residence in the mistaken belief that Miller was only going there to retrieve something.
"Mr. Inserra met Mr. Miller through Patti, who had been my client's girlfriend," the attorney said. "Little did Mr. Inserra know that Patti was also having an affair with Mr. Miller."
Cosgrove acknowledged that Inserra allowed Miller to stay at his Taylor Street house, but said the two were not close associates and were only connected through Lamoureux, who became acquainted with Miller while in drug rehab.
—City News Service