With a measured tone, Charles Handley pleaded no contest to the
attempted murders of his former daughter-in-law and her boyfriend
at the time, and was found guilty by a judge.
With a measured tone, Charles Handley pleaded no contest to the attempted murders of his former daughter-in-law and her boyfriend at the time, and was found guilty by a judge. The 80-year-old will serve a minimum of nine and a half years before he has the option of parole, according to Santa Clara County Deputy District Attorney Amir Alem.
Along with the two attempted murder charges that specified Handley’s pre-meditation, the defendant also pleaded guilty Thursday to causing great bodily harm to Lynda Handley, his former daughter-in-law who suffered a gun shot wound to the leg during the early morning scuffle in April 2007 at 971 Festa Aglio Court in Gilroy.
In exchange for the pleas, the prosecution dismissed two allegations that Handley used and fired a gun, Alem said. Those allegations entailed 20 year sentences each. The attempted murders were the central issue in the case and the use and firing charges were worth sacrificing to get the guilty pleas, Alem added.
“Just because these two allegations were dismissed does not mean we’re wondering who really shot the gun,” Alem said. “The defendant (pleaded) to what he did. We were very adamant that he drove down in the early morning from San Jose, on a work day, and attempted to kill two people.”
The police report and witness testimonies stated Charles Handley fired his .357 magnum handgun twice at Lynda Handley’s boyfriend, Lynn Ryle, missing both times, and then shot Lynda Handley during a subsequent tussle.
“We’re pleased with the disposition,” Alem said, adding that he spoke with the victims and their families prior to the settlement. They decided that the elderly Handley’s admission of guilt outweighed the costs of a trial.
“This saves both sides the anguish and stress that would have come with a trial,” Alem said. He said that Charles Handley exhibited a calm demeanor while pleading, apparently resigned to the sentence.
Charles Handley’s private defense attorney, Victor Vertner, could not be reached for comment late Friday afternoon. Another defense lawyer from Vertner’s firm, Vertner and Vertner, represented Charles Handley Thursday, Alem said.
In recent weeks, Santa Clara County Superior Court Judge Kenneth Shapero had denied last-minute motions by the defense claiming the prosecution did not bring forward enough evidence during the preliminary hearings to permit a trial and that police illegally seized some of the evidence introduced. As for the evidence in question – a suicide note written by Charles Handley implying he was going to kill Lynda Handley and Lynn Ryle and a computer with love letters he wrote to her – Judge Shapero denied the motion on the grounds that Charles Handley consented to the search of his home.
Vertner also tried to reduce the charges to assault with a deadly weapon, but Alem repeatedly cited Charles Handley’s early morning drive from San Jose to Gilroy, the suicide note, the gun he took from his son and the extra ammunition he brought with him as evidence of premeditation.
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, just in Ryle’s direction. Vertner also argued that there was not enough evidence to evince the twists and turns of the struggle that morning, which, he has argued, prevented the prosecution from proving that Charles Handley had the express intent to murder.
The prosecution disagreed with this position and wanted to see Charles Handley put away – and they got it. The chance of him successfully applying for parole at the age of 90 is “still a rare occurrence,” Alem said.
