After three pathologists largely agreed the actions of two men in a fight with another man could not be proven beyond a reasonable doubt to be the cause of the man’s death in May, prosecutors dropped murder charges against the pair earlier this week, according to the San Mateo County District Attorney’s Office and a defense attorney for one of the men.
Daly City resident John David Henderson, 35, and Pacifica resident Nick Anthony Robbins, 34, are no longer facing felony charges following a Monday hearing in which prosecutors moved to dismiss the charges since a pathologist with the San Mateo County Coroner’s Office couldn’t determine the beating was a substantial contributing factor in 33-year-old Mario Castellino’s death, according to prosecutors.
Robbins’ defense attorney John May said the May 19 fight between Castellino, Henderson and Robbins resulted from accusations Castellino borrowed a rental car without permission and allegations either Henderson or Robbins took Castellino’s phone. May said pathologists’ findings Castellino had previously existing health conditions and evidence of drug use led them to believe any event causing his heart to race that day could have caused his death.
He said Henderson and Robbins didn’t go to Castellino’s home in Daly City with the intent of killing him, noting when they left, he was still alive.
“It was a scuffle, not much more than that,” he said. “It’s a tragedy for everybody … nobody had that in mind at all.”
At around 6:47 p.m. May 19, the Daly City Police Department received a report of a fight at Castellino’s home on the 800 block of Bellevue Avenue. When they arrived, they found signs of a fight and Castellino lying on his right side at the top of a staircase, according to prosecutors.
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Castellino’s face was said to have been injured and he was unresponsive with no pulse when he was taken to the San Francisco General Hospital, where he was later pronounced dead, according to prosecutors.
Henderson’s father and girlfriend allegedly arrived at Castellino’s home while officers were still there and told them Henderson had allegedly learned a car he rented had been stolen by Castellino, who was a former co-worker of his. Though Henderson was able to get the rental car back earlier in the day, he allegedly told his girlfriend he planned to confront Castellino about the issue, according to prosecutors.
Nearby surveillance footage shows Henderson’s van with the name of his plumbing company, Henderson Plumbing, outside Castellino’s home at the time of his death and Henderson was arrested at around 6 a.m. Sunday. Robbins came to the Daly City Police Department shortly after Henderson was apprehended to say his friend asked Robbins to pick him up and drive him to Castellino’s home to pick up some items the prior afternoon, according to prosecutors.
Though Robbins allegedly stayed outside the home for some time, he eventually went inside to find Henderson over Castellino. Robbins is believed to have kicked Castellino in the head, according to prosecutors.
Though it was initially believed Castellino died from his head injuries, May said no major head injuries were found except for superficial wounds. He noted Castellino had been friends with Henderson for years and that his death was not an intended outcome of the incident while commending prosecutors for making a difficult decision to dismiss the charges.
“I know it was difficult for them because it’s an unfortunate death,” he said. “I think they made the right call and my heart goes out to the victim’s family.”
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