Murder and robbery defendant Amu Billy Wynn, the last accomplice in the death of a Burlingame bank manager and a host of other crimes, waived his right Friday to a jury trial, all but handing him a 40-year-to-life in prison sentence for his role in the 2002 spree.
Under the terms of the deal, Wynn, 28, asked for a court trial by Judge Mark Forcum who will formally rule early next week based on the transcripts of previous hearings. Wynn must serve the full 40 years before being eligible for parole. While no guarantee Wynn will ever be set free, the deal offers him a chance unavailable if a jury returned a first-degree murder verdict.
Prosecutor Steve Wagstaffe only made the offer with the blessing of David Martel whose wife Alice died during the Oct. 11, 2002 takeover robbery of Wells Fargo Bank in Burlingame. While fully moving forward in trial mode, Wagstaffe made the offer two weeks ago with a Tuesday deadline. By the end of the business day, defense attorney Tom Kelley called to say his client was interested and the attorneys spent the rest of the week hammering out the exact details.
Wagstaffe called his reaction mixed but he was happy witnesses did not have to endure yet another trial.
It's highly unlikely he'll ever get out. To that extent, it's fair, Wagstaffe said.
The agreement trumps Wynn's pending trial which was scheduled to begin June 21.
He is the last of four men considered part of confessed killer Seti Christopher Scanlan's robbery crew. Each was charged with a laundry list of crimes, including the murder of Burlingame bank manager Alice Martel during an Oct. 11, 2002 takeover robbery. Wynn was the last to face trial; the others were either convicted or cut deals prior to trial.
According to prosecutors, Wynn never fired a shot at anyone inside the Wells Fargo Bank but did shoot once into the ceiling. Regardless, under California law he is considered just as legally culpable for Martel's death as Scanlan, who readily admitted firing the fatal shot.
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In April, a judge ruled that jurors will hear taped police interviews with Wynn in which he confessed his role in the robbery and a pair of Mountain View robberies three weeks later. The confession tapes are the key link between Wynn and the crime spree that left Martel dead, another employee wounded and one police officer shot in the cheek.
Wynn spoke with investigators in the hours after he was found hiding in an East Palo Alto trash dumpster. On Nov. 1, he and four others allegedly committed two commercial robberies before leading Mountain View police on a high-speed chase. During the seven-minute pursuit, shots were fired at the officers, striking one in the cheek. The SUV crashed in East Palo Alto, injuring Wynn's hand. He was bandaged during the police interviews but detectives testified Wynn never complained of pain or appeared in discomfort.
His defense attorney unsuccessfully sought to have them tossed as evidence, claiming the admissions were solicited under duress and undue police influence.
That same month, accomplice Sikai Telea began trial. Telea, who admitted shooting Martel's co-worker in the shoulder, was convicted of all charges and is awaiting a formal sentencing of life in prison without parole. The same day as that verdict, getaway driver Manny Lui pleaded no contest to multiple felonies for just less than 37 years in prison. Semisi Umufuke, who only participated in the Mountain View case, pleaded no contest and is currently serving a seven-year prison term.
None of the accomplices, though, generated the same publicity as Scanlan whose surprises included surrendering to an Oregon store clerk, confessing to all counts with promise of a deal and asking a jury last summer to impose the death penalty. The jury ultimately deadlocked 9-3 and Scanlan is currently serving multiple life terms at Corcoran State Prison.
Wynn remains in custody on no-bail status. He returns to court June 22 for Forcum's official decision.
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