Bakersfield, California

From Bakersfield’s KGET.com of November 6, 2007

Homeowner kills; second burglar to be charged with murder

A Bakersfield homeowner who killed an intruder Monday night acted in self-defense, the Sheriff's Department says, but a surviving burglar will be charged with murder in connection with the death of his crime partner.

That was the latest development Tuesday afternoon as detectives sorted out what happened in the 15000 block of Westdale Drive, near Renfro and Brimhall, in northwest Bakersfield.

Sheriff's spokesman Ed Komin gave this account:

Just before 10 p.m. Monday, Ulises Aaron Espino, 19, and Alberto Torres, 18, went to the home of 44-year-old Steven Stewart.

"It appears that Torres and Espino went to Stewart's residence intending to enter the house and burn it down," Komin said in a news release. A flammable liquid was found inside the house, Komin said.

Torres stayed in the car, while Espino tried to climb into a window. Stewart, the resident, had a shotgun and fired at the intruder, the release said.

Espino was wounded, but made it back to the car. Torres drove him to Calloway Drive and Rosedale Highway, where he stopped and called for an ambulance. The ambulance took Espino to the hospital, where he died. Torres was arrested.

The Sheriff's Department will seek criminal charges against Torres, accusing him of the murder of Espino. Even though it was Stewart who fired the fatal shot, and although Torres and Espino were partners, Espino's death can be considered a murder because it is a death resulting from the attempted commission of a felony.

Torres also was booked on charges of attempting to murder Stewart, for attempted arson, for conspiracy and for participating in a street gang.