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Jury Acquits Alleged Conspirator in Temecula Murder


Friday, April 19th, 2013
Issue 16, Volume 17.


MURRIETA - 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 said. "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.

Pair Who Killed Temecula Man Sentenced

MURRIETA - A convicted felon and a female accomplice who broke into his uncle's Temecula home and shot him to death in his bed were sentenced today to life in prison without the possibility of parole.

Kyle Christopher Miller, 29, and Patty Ann Lamoureux, 47, were convicted on March 6 for the July 6, 2011, slaying of 53-year-old Bradley Capen.

A Murrieta jury convicted the defendants of first-degree murder and a special circumstance allegation of killing in the course of a robbery. Miller was Advertisement
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additionally convicted of being a convicted felon in possession of a firearm and conspiracy to commit a felony.

But jurors could not agree on whether to convict a third alleged conspirator, 38-year-old Ian Edward Inserra, resulting in a mistrial. The District Attorney's Office will retry Inserra in June.

According to the prosecution, Miller had been at odds with his uncle over the victim's property being stolen and other activities connected with the younger man's drug use. Capen eventually locked his nephew out of his house in the 44900 block of Los Caballos Road.

According to sheriff's investigators, on the night of the attack, 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, telling them before dashing out to forget seeing him on the premises, according to the prosecution.

The defendant and Inserra drove to Lamoureux's residence and told her to hide the shotgun, which she did, having had full knowledge about the plan to kill Capen beforehand. All three were arrested within a week.

Miller was convicted in 2001 of making criminal threats and has had multiple brushes with the law since that time, according to court records.

***Previous Story***

MURRIETA -- A convicted felon and a female accomplice who broke into his uncle's Temecula home and shot him to death in his bed are scheduled to be sentenced today.

Riverside County Superior Court Judge Angel Bermudez is expected to sentence Kyle Christopher Miller, 29, and Patty Ann Lamoureux, 47, to life in prison without the possibility of parole for the July 6, 2011, slaying of 53- year-old Bradley Capen.

On March 6, a Murrieta jury convicted the defendants of first-degree murder and a special circumstance allegation of killing in the course of a robbery. Miller was additionally convicted of being a convicted felon in possession of a firearm and conspiracy to commit a felony.

But jurors could not agree on whether to convict a third alleged conspirator, 38-year-old Ian Edward Inserra, resulting in a mistrial. The District Attorney's Office will retry Inserra in June.

According to the prosecution, Miller had been at odds with his uncle over the victim's property being stolen and other activities connected with the younger man's drug use. Capen eventually locked his nephew out of his house in the 44900 block of Los Caballos Road.

According to sheriff's investigators, on the night of the attack, 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, telling them before dashing out to forget seeing him on the premises, according to the prosecution.

The defendant and Inserra drove back to Lamoureux's residence and told her to hide the shotgun, which she did, having had full knowledge about the plan to kill Capen beforehand. All three were arrested within a week.

Miller was convicted in 2001 of making criminal threats and has had multiple brushes with the law since that time, according to court records.


 

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