HomeMy WebLinkAbout2022-09-15; Summary of Hosp Grove Murder Case (Districts - All); Williams, MickeyTo the members of the:
CITY COUNCIL
DateO./,s/22.e.A ✓ cc v'
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September 15, 2022
To:
From:
Via:
Re:
Background
Council Memorandum
{city of
Carlsbad
Memo ID #2022102
In November 2020, Lisa Thorborg was murdered in Hosp Grove Park. The offender was a minor at
the time the crime was committed and has since pied guilty to the murder, and received the
maximum sentence allowed under California juvenile sentencing guidelines: Seven years
confinement, plus a $2,110 fine.
The Murder of Lisa Thorborg
On the afternoon of November 23, 2020, Carlsbad resident Lisa Thorborg left her home to go for
a walk along Hosp Grove Trail. Shortly after entering the trail from Crest Drive, she was attacked
from behind, stabbed twice and unfortunately, died from her injuries at the scene.
After an exhaustive investigation, Carlsbad Police Department detectives were able to identify a
17-year-old Carlsbad resident as the suspect in this murder. The suspect and Ms. Thorborg had
no relationship prior to the murder. The motivation for the murder appears to be random
violence.
The Carlsbad Police Department and the San Diego County District Attorney's Office worked
together throughout the entire prosecutorial process. This case presented several procedural
challenges, including the offender's age at the time of the murder. While the challenges related
to the offender's status as a minor are not necessarily unique, a brief explanation of juvenile law,
as it applied in this case, may be helpful.
A Brief Explanation of Juvenile Law
A juvenile court can retain jurisdiction over a minor committed to the Department of Juvenile
Justice (DJJ) for the offense of murder until the age of 25. When a minor is committed to the DJJ
for certain offenses, including murder, they are considered for parole every seven years. If a
minor is transferred to adult court, they may be sentenced like any· other adult, up to and
including life in prison without the possibility of parole, depending on the seriousness of the
crime. However, no juvenile can ever be sentenced to death.
Investigations Division
Police Department
2560 Orion Way I Carlsbad, CA 92010 I 760-931-2100
Memo -Summary of Hosp Grove Murder Case (Districts -All)
September 15, 2022
Page 2
In March of 2000, California voters approved Proposition 21 . The passage of Proposition 21
created a law that granted prosecutors the discretion to charge a minor of at least 14 years of
age as an adult for certain defined crimes. Some of the most serious crimes, such as murder
involving special circumstances, required the prosecutor to file in adult court.
In November of 2016, California voters approved Proposition 57, which changed the way mino_rs
can be transferred to adult criminal court. Judicial approval is now required to transfer a minor to
adult court. The prosecution may seek judicial court approval to transfer the case to adult court
by filing a petition for a fitness hearing.
The fitness hearing is a legal proceeding where a judge from the juvenile court decides whether
an accused minor should be transferred to adult court.
The juvenile court judge will make their determination by weighing five different criteria, listed
as follows:
1. The degree of criminal sophistication exhibited by the minor.
2. Whether the minor can be rehabilitated prior to the expiration of the juvenile court's
jurisdiction.
3. The minor's previous delinquent history.
4. Success of previous attempts by the juvenile court to rehabilitate the minor.
5. The circumstances and gravity of the offense alleged in the petition to have been
committed by the minor.
The juvenile court judge analyzes the relevant factors as to each of the five criterion and then
specifies the criteria that weigh in favor of or against transfer to adult court. C.S. v. Superior
Court (2018) 29 Cal.App.5th 1009, 1029. The circumstances of an offense are key to evaluating
the fifth criterion (gravity), but they cannot be the only reason for concluding that a minor is
unlikely to be rehabilitated before juvenile jurisdiction expires at the age of 25. Kevin P. v.
Superior Court of Contra Costa County (2020) 57 Cal.App.5th 173, 201. "Presuming a minor who
committed murder will take at least seven years ... to rehabilitate is inconsistent with [the fitness
hearing process], since it necessarily disfavors juvenile treatment for those ... who are accused of
committing murder at age 17 ... Without more, the fact that juvenile court jurisdiction may expire
before a minor is considered for parole is immaterial in evaluating [the second criterion -
rehabilitation]." Id. at p. 199.
The Offender
The offender in Ms. Thorborg's case was roughly 9 months shy of being a legal adult at the time
of the crime. He is now 20 years old and in custody at Juvenile Hall. The prosecutor in this case
believed it was unlikely that the juvenile court would approve a transfer to adult court.
Ultimately, a plea agreement was reached, and the offender pied guilty to murder. He will serve
the maximum sentence allowed under the juvenile sentencing guidelines and will be released on
his twenty-fifth birthday (a total of seven years plus a $2,110 fine).
Memo -Summary of Hosp Grove Murder Case (Districts -All)
September 15, 2022
Page 3
cc: Geoff Patnoe, Assistant City Manager
Cindie McMahon, City Attorney