James Munro - Probation Report

 

The People Of The State Of California (plaintiff) vs. James Michael Munro (defendant)

Dept
120

Atty
Goldstein

Judge
Ricks

Hearing
1-29-82

Court Case No.
A361090

Prob. No.
X-868756

Address (if in coustody, expected address when released)
1319 St. Clair Highway
St. Clair, Michigan 48079

True Name
James Michael Massow

Charged With The Crime(s) Of
187 PC (MURDER), COUNT 1; 211 PC (ROBBERY), COUNT 2; AND 286(B)(1) PC (SODOMY), COUNT 3

Convicted Of The Crime(s) Of
187 PC (MURDER), COUNT 1, SECOND DEGREE

By (plea, ct. jury)
Plea

Days In Jail This Case
544

Companion Cases
William Bonin

Dispositions
A360975, 1-6-82, found guilty by jury of 10 cts. 187 PC, and 10 cts 211 PC. Case continued to 1-11-82 for penalty phase in dept. 125.

Personal History


Age
20

Birthdate
6-17-61

Race
Caucasian

Formal Education
Unknown

Age Left School
16

Marital Status
Single

Home Includes
Defendant, Parents, and Sister

No. of Dependants
0

Occupation
Truck Driver

Income Per Month
0

Where Employed
Not

Health
Good

Came To State
1979

Came To County
1979

Branch Military Service
U.S. Army

Kind of Discharge
Honorable


(As supplied by defendant and largely unsubstantiated.)


The defendant is the only child born to Anna Maria Massow in Furth Byron, West Germany. According to the defendant, he never knew his parents. He was adopted at 16 months by Evon Charron and Leigh Munro, a U.S. Army Officer. He was brought to the United States in 1963 and, subsequently, reared in Virginia and Michigan with two sisters. He relates that no one else in his family has been arrested. He indicates that he came to California to visit a friend and hitchhiked across the country to get here the first time he came to California.

At the time of his arrest, the defendant had been staying with a friend, Tim "Rocky" Snyder, in St.Clair, Michigan. The defendant relates that his level of education is uncertain as he was attending St.Steven's School for Special Education. He indicates taht he left the school at the age of 16. He quit to enter the U.S. Army. He relates that he entered the U.S. Army on October 11, 1978 and was given an honorable discharge on December 7,1978. Defendant indicates that he belongs to no organizations and that his health is good. He has never married nor fathered children. In his leisure, he enjoys camping, fishing, hunting, building model cars, and states that he is involved in the building of a scale model of Los Angeles.

Defendant indicates taht his work history is somewhat limited. His last employment was as a truck driver for Dependable Drive-Away located on Greenwood street in Montebello. He held this employment from May 28, 1980 until June 11, 1980. He indicates that he left the employment to return to Michigan. He indicates that he had worked two days as a gas station attendant during the summer of 1980. This station was located at Atlantic and Artesia in North Long Beach. He states that he was accused of taking money when he actually dropped the envelope in the street and lost the money, but could not tell the manager of the Mobil Station what had happened. He relates that he worked as a short order cook for Wendy's in Port Huron, Michigan during 1976 and 1977.

GANG ACTIVITY:

Investigation revealed no information on gang activity.

FINANCIAL SITUATION:

The defendant relates that his financial status is poor. He indicates that he supported himself by living on the street, bumming around and panhandling. He states that he has no assets other than his personal belonging, but he does not owe any debts.

SUBSTANCE USE:

The defendant relates that he began drinking alcoholic beverages at the age of 17. He states that he drinks beer, primarily and disavows the use of any other drug, narcotic, and/or intoxicant.

PRIOR RECORD:

SOURCES OF INFORMATION:
CII (4-13-81), LAPD and defendants statement.

JUVENILE HISTORY:
None.

ADULT HISTORY:
None.

PRESENT OFFENSE:

The defendant was arrested by Los Angeles poice Department officers in Los Angeles at Los Angeles Police Department Headquarters on August 3, 1980 at 7 am. He was booked for 187 Penal Code (Murder). In the information, the defendant was charged with violation of sections 187 Penal Code (Murder), count one, 211 Penal Code (Robbery), count two; and 286 (B) Penal Code (Sodomy), count three. He pled guilty to Count One, 187 Penal Code (Murder), second degree, and was referred to the probation department for investigation. The matter was continued to the instant date for a probation and sentencing hearing and disposition of the remaining counts.

Codefendant William Bonin was found guilty by jury, in Department 125, on January 6, 1982 of ten counts of 187 Penal Code (Murder) and ten counts of 211 Penal Code (Robbery) in case A360975. The penalty phase of that case was continued in department 125 to January 11, 1982.

Per the Los Angeles Police Department arrest report and the District Attorneys file, the elements of the case appear to be essentially as follows:

On June 2, 1980 at approximately 5:40 pm, the defendant was a passenger in a green 1973 Ford van being driven by William George Bonin. They observed a hitchhiker, Stephen Jay Wells (18), in Downey. They picked him up and, during an ensuing conversation, learned that he was bisexual. Bonin turned the wheel over to the defendant, got into the rear of the van with Wells and they engaged in a brief petting and masturbation session. The defendant was unsure of the direction to Bonin's residence and had to be directed by Bonin who returned to the front of the van.

After arrival at the Bonin residence, 10282 Angel Street in Downey, the defendant was instructed to go to the store to get hamburger for dinner. At approximately 6pm, a short distance from the house, he was investigated by a local policeman after he had stopped by the side of the road to pick up dropped tapes. Due to having a permit and no adult driver accompanying him, the defendant was told to take the vehicle home and park until he had someone to accompany him.

When he returned, Wells and Bonin were getting undressed and went into the bedroom usually occupied by Bonin's mother, who was out of town. There, the two engaged in mutual oral copulation and Bonin sodomized Wells.

(can't read the next line...) with partners that were bound and who would pay from $100 to $200, Bonin talked Wells into agreeing to be tied up while nude. With the assistance of the defendant, Bonin bound the victim with white nylon clothesline. After binding his hands behind him and his feet to his hands, Bonin struck the victim in the chest with his fist saying "You're gonna do what I tell you to do..." and threatened his life.

After taking money from the victim's wallet Bonin told him, "I'm just gonna knock you out, put your clothes back on you and leave you on a park bench somewhere." He put the victim's t-shirt over the victim's head and around his neck. He tightened the shirt and, with twisting and pulling motions, strangled the victim. During this, the defendant held the victim's legs.

Bonin removed the shirt and the ropes and, with the defendant's aid, placed the body in a large cardboard box. Both defendants carried the box out to the van. At approximately 8pm, they drove to 7310 Dinwiddie in Downey, the residence of Vernon Butts. There, Butts was shown the victim's body and asked where it should be taken. His advice was to just take it and drop it off somewhere.

The defendants re-entered the van, drove to (can't read next line) Boulevard and returned to his residence.

On May 29, 1980, WIlliam Ray Pugh (17), arrested on Grand Theft Auto charges, told detectives that he had accepted a ride from a party with Bonin who talked about killing people and young boys in particular. Based on this information, Bonin was placed under surveillance, in the late evening hours, on June 2, 1980.

Bonin's van was followed, on June 11, 1980, to Hollywood. He was observed to talk to five different young men standing on street corners before one entered his van. He parked, with the youth still inside, in a parking lot at Santa Monica Boulevard and Normandie Avenue. Shortly thereafter, he was apprehended in the act of committing sodomy on the youth. Investigating officers found a length of white nylon cord and three knives in the van.

During the investigation, the defendant's name came up and he was interviewed by investigating officer on June 13, 1980. He denied any involvement in the offenses and was released. Later, Vernon Butts implicated the defendant in the commission of the crime. In late July, the defendant called a friend, Stan Hurd, from Michigan. Hurd, in turn, alerted police and they notified Michigan authorities to arrest the defendant. He was picked up by Michigan authorities on July 31, 1980. (can't read next line) Los Angeles Police Department Officers, accompanied by Los Angeles Sheriff's Department deputies and Orange County Sheriff's Department deputies, interviewed the defendant in Port Huron, Michigan. The defendant waived his rights and was returned to Los Angeles.

DEFENDANTS STATEMENT:

The defendant was interviewed in New County Jail on January 7, 1982. According to him, after talking to invetigating officers in Los Angeles on June 13, 1980, he left Los Angeles going to Michigan. He indicates that he hitchhiked across the country and arrived in Michigan around June 20. The defendant indicates that he was arrested on July 31 by Michigan authroities. According to the defendant, his family was not aware that he was back until two or three days before his arrest.

The defendant relates that he had been in California since February of 1980 and had been staying with Stan Hurd at 6495 Artesia Boulevard in North Long Beach. He met William Bonin on May 28, 1980 over the Memorial Day weekend in front of the gay community services center in Hollywood.

The defendant states that he participated in the death of Wells out of fear of Bonin. He indicates that on one occasion, he was tied up by Bonin and told that he could be killed, also. He relates that he began crying, was told that he was too important to Bonin to be killed and was released. The defendant relates that he pled guilty to the charge and agreed to testify against Bonin in order to escape the death penalty.

The defendant relates that he is unhappy with his attorney and that he was threatened by the attorney that if he failed to cooperate in testifying,he would be allowed to be put in an unprotected environment. He states that he has notified the California Bar and expects to hear from them soon. He also states that he has heard that if he gets to State Prison, he will be marked for death due to his association with Bonin, testifying against Bonin and also testifying in other cases. He states that he expects to be placed in Federal Custody after the probation and sentencing hearing.

The defendant requests that the probation officer not contact his family. He states that they are taking it hard and his sister has had a nervous breakdown and had to be hospitalized. Therefore, he does not want to cause them any further pain and would perfer the probation officer not contact his them.

(can't read next line) written statement, but to date it has not been received.

INTERESTED PARTIES:

Probation officer spoke to Los Angeles Police Department Investigator Mellecker at 485-2531. According to the investigator, the defendant apparently got a "kick" out of his participation in the instant offense. It is the investigator's opinion that despite the defendant's protestations of involvement due to fear, that he was participating because he chose to. He indicates that he feels the defendant is street-wise and will do anything to maintain himself including stealing, panhandling and bumming around. He feels that due to the defendant's lack of conscience, that he is dangerous and presents a continuing threat to the community and therefore should be sent away for as long as possible.

Probation officer spoke to Los Angeles Sheriff's Department Deputy Kushner at 974-4493. This investigator feels that although the defendat was only implicated in the death of one victim, he is equally culpable as the codefendant and should be given gommensurate punishment. It is his opinion that had the codefendant not committed his last murder, they would have had a much more difficlut time tying him to the crime. It appears that the codefendant left physical evidence of a substantial nature for the first time after the slaying of Wells. He relates that they were able to tie him to the crime do to carpet fibers found on the body which matched those in his van as well as hairs in the van.

To date, no letters of reference have been received.

VICTIM:

The victim in the instant offense is Stephen Jay Wells (18) who resided at 11738 Gurley, Apartment "F", in Downey.

According to Investigator Mellecker, the family of this victim have taken his death and the resultant investigation very hard. He indicates that a member of the family has had to be hospitalized as a result of same and he does not feel that they should be contacted regarding this investigation.

EVALUATION:

The court has for its consideration a 20-year-old with no known prior history of criminal activities and/or anti-social behavior. He admits his involvement in the instant offense but seeks to minimize his responsiblility by citing fear of his codefendant, who was the motivating force, and peripheral activity in his participation. He attributed the sexual and sadistic aspects of the offenses to the codefendant who exhibited the leadership and dominance.

The defendant, intellectually limited and an admitted bisexual, has lead a somewhat nomadic and irresponsible life style for the past several years. He has been estranged from his family and traversed the country, hitchhiking, mooching and panhandling.

Even if the defendant's allegations regarding his part in the instant offense are true, the probation officer notes that he continued to live and associate with the codefendant without notifying authorities of the crime. He admits the codefendant told him that he was responsible for many deaths and was, in fact, The Freeway Killer. It is very likely that the defendant would have been involved in other deaths if the codefendant had not been apprehended approximately one week after the instant offense.

The defendant sought to afoice punitive measures for his part in the crimes by lying to investigating officers and fleeing the state. In addition, he continued to give contradictory information in his efforst to lessen punitive measures that were imminent if he were convicted.

SENTENCING CONSIDERATIONS:

Factors in aggravation:

1. The crime involved the taking of a lifve in a vicious, callous manner.

2. The planning, with which the crime was carried out, indicated premeditation.

Factors in mitigation:

1. The defendant with no apparent predisposition to do so, was induced by another to participate in the crime.

2. The defendant has no prior record.

The factors in mitigation appear to balance. However, in view of the gravity of the defendant's crime, he should be sentenced to state prison and the high base term is recommended. Perhaps the court may wish t refer the defendant to the department of corrections to more accurately assess the level of correctional intervention necessary to effect positive behavior modification. However, the probation officer feels that the following recommendation is deemed appropriate, at this time.

RECOMMENDATION:

It is recommended that probation be denied and that the defendant be sentenced to state prison with pre-imprisonment credit of 544 days.

Respectfully submitted,
Kenneth E. Kirkpatrick,
Probation Officer