Superior Court Judge Hector Ramon upheld two attempted murder
charges Thursday afternoon against Charles Richard Handley, 79,
ending a lengthy pretrial hearing.
Superior Court Judge Hector Ramon upheld two attempted murder charges Thursday afternoon against Charles Richard Handley, 79, ending a lengthy pretrial hearing.
Ramon scheduled the arraignment for 8:35 a.m. April 7 in Dept. 91 at the San Martin courthouse after the prosecution and defense debated the exact sequence of the April 25, 2007 incident on Festa Aglio Court when Handley fired at his former daughter-in-law, Lynda Handley, and her boyfriend, Lynn Ryle.
Defense attorney Victor Vertner tried to lessen the charges to assault with a deadly weapon, but Deputy District Attorney Amir Alem told Ramon he couldn’t disagree more, citing Handley’s early morning drive from San Jose, a note he left for his family that implied he planned to kill Lynda Handley and Ryle, the gun he took from his son and the extra ammunition he brought with him.
Vertner argued that his client had the opportunity to kill Lynda Handley multiple times, but did not, and that he never aimed precisely at Ryle. Vertner added that there was not enough evidence to evince the twists and turns of the struggle that morning, which he argued prevented the prosecution from proving that Handley had the express intent to murder.
Gilroy Detective Stan Devlin said Handley shot twice at Lynn Ryle, missing both times, and then wrestled with Lynda Handley, during which she was shot in the leg. At some point, Ryle hit the alleged assailant in the head with a coffee mug and then strong-armed the gun away from Charles Handley before pinning the latter down before police arrived, according to police reports.
