The Antelope Valley Times

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Mother of man convicted of killing 6 people pleads for mercy for her son

by •

David Ponce

LOS ANGELES – The mother of a Lancaster gang member convicted of killing five people at a homeless encampment near a Long Beach freeway and a sixth person in the Antelope Valley pleaded Thursday with jurors for mercy for her son, who is facing a possible death sentence.

“I am not asking, I am begging (you) to spare his life,” Patricia Ponce told a Los Angeles Superior Court jury that is being asked to recommend if her son, David Ponce, should be sentenced to death or life in prison without the possibility of parole for the crimes.

Ponce, now 37, was convicted last Friday of first-degree murder for the Nov. 1, 2008, shooting deaths of Hamid Shraifat, 41, of Signal Hill; Vanessa Malaepule, 34, of Carson; and Frederick Neumeier, 53, Katherine Verdun, 24, and Lorenzo Villicana, 44, of Long Beach.

He was also found guilty of first-degree murder for the March 23, 2009, kidnapping and shooting death of Tony Bledsoe, 18, in the Lancaster area, along with two counts of unlawfully possessing a firearm.

Co-defendant Max Eliseo Rafael, 31, also was convicted of the homeless encampment killings. Prosecutors opted not to seek the death penalty against Rafael, facing life in prison without the possibility of parole when sentenced Nov. 16.

Jurors found true the special circumstance allegations of multiple murders, murder during the commission of a kidnapping and murder while an active participant in a criminal street gang, along with gang and gun allegations against the two.

Called to the stand during the defense’s portion of the penalty phase of Ponce’s trial, his mother told jurors that she loves her son “very much” and that she and others pray that he will not be sentenced to death.

She testified that Ponce had mentored one of his nephews, to whom he was “like an older brother.”

She noted that Ponce had fallen down some stairs and then rolled down some stairs when he was a young child, and that she had taken him to the hospital. He subsequently complained of headaches, his mother said.

Ponce’s mother — who has been in the downtown Los Angeles courtroom throughout her son’s trial — told jurors that she takes public transportation to court because “it’s my son.”

One of Ponce’s sisters and the mother of one of his children also implored jurors to show mercy to Ponce.

In her opening statement, Deputy District Attorney Cynthia Barnes called life in prison without the possibility of parole the “minimum” sentence and death “the maximum,” and said jurors would have to weigh the aggravating factors and the mitigating factors.

“This is all about the defendant and the sentence,” Barnes told the panel.

Both sides stipulated that Ponce — who has prior convictions for second- degree robbery and receiving stolen property from 2003 and possession of a controlled substance from 2002 — and the prosecutor did not present any testimony during the penalty phase.

One of Ponce’s attorneys, Donald Calabria, told the judge he would wait to speak to jurors until closing arguments, which are expected Monday.

A clinical neuropsychologist called by the defense testified that he met with Ponce in two sessions about a year apart in jail and concluded that he suffers from a major neurocognitive disorder due to a traumatic brain injury that would be consistent with a head injury at a young age.

Dr. Roger Light told jurors that Ponce’s school records indicating low test scores and problems that started in kindergarten, along with brain imaging tests done on Ponce, are consistent with his findings.

On cross-examination, the prosecutor played a nearly four-minute video of Ponce reciting rap lyrics. The defense’s expert acknowledged that Ponce has “pretty good verbal abilities” and did not know if he made up the lyrics at the time of the video or had memorized them.

During the guilt phase of the trial, the deputy district attorney told jurors that the defendants’ own jailhouse statements prove their guilt in the killings at the homeless encampment.

“He’s not falsely bragging … He’s a killer and he’s bragging about it,” Barnes said of one jailhouse recording of Ponce.

Of a recorded conversation between Ponce and Rafael, the prosecutor said, “If you’re Rafael and you’re innocent, would you be whispering about it? … They’re whispering about the details. He’s doing that because he’s the other shooter.”

One of Ponce’s attorneys, Robert A. Schwartz, countered that the surreptitious tape recordings were made in the “upside-down world” of county jail in which inmates’ status and reputation are enhanced by claiming to have been involved in crimes.

Ponce’s lawyer said there is “no physical evidence” connecting Ponce to the killings. He told jurors that his client’s jailhouse statements are “riddled with lies and misstatements showing he wasn’t there,” and that “a lot of information” about the slayings was available in media accounts.

Rafael’s attorney, Marc Lewinstein, asked jurors to determine if the statements were “false bravado” rather than actual admissions.

Rafael’s attorney has suggested that it was not his client but another man — to whom Villicana allegedly owed money — who was one of the two people who went to the encampment and carried out the attacks. The prosecutor countered in her rebuttal argument that jurors did not hear any evidence that the man was even in Long Beach that day.

After the two were charged, then-Long Beach Police Chief Jim McDonnell said, “I’d like to make it clear that these victims were not targeted because they were homeless … This encounter stemmed from a personal vendetta of one of the suspects as the result of an ongoing dispute with one of the victims over narcotics. The other victims were killed to ensure that there were no witnesses to this crime.”

Ponce and Rafael were charged in January 2012 with the killings and have remained jailed without bail since then.

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Filed Under: Crime/ Safety, Lancaster

73 comments for "Mother of man convicted of killing 6 people pleads for mercy for her son"

  1. Someone’s upset. Usually the commenters that scream “racist” at others, are themselves the culprits. Wallow in your own.

  2. … general rule of thumb whensoever facing capitol punishment, in the kangaroo courthouse of the sanctuary city of Mexifornia: The Jesus card always (ALWAYS) comes first (e.g., NEVER-NEVER-NEVER play the race card, or the grieving mother card, until AFTER you’ve played the Jesus card)

  3. Well MY daughter is 400lbs, bald, toothless with a wandering eye.. but would I let her date YOU? Well, depends on if you drive a 86 Sentra or a 2017 BMW…. :) Ya I’m not happy with moderation here either, I bet the janitor moderates here after cleaning the toilets…

      • well in some countries… but your posting here most likely means you live in the same craphole I do.. everytime I go to the store or take out the trash, I risk my life.. welcome to 10th street east. As for my daughter, I sold her months ago, was it worth the $12? Hell I don’t know.

        • Was it worth it? No, I want my money back. Costing me a fortune in food,not to mention my struts on my car need replacing.

          • Just remember the return policy states there be no unusual holes or cigarette burns on her corpse.. I really had to stop typing at this point because I couldn’t stop laughing… on her corpse? lol. Anyhow, I’m pretty sure the 30b day warranty has expired by now….

  4. … want to see some really scary people? Come to beautiful Mexifornia, world capitol of the Los Angeles street gang –

    • that 5th grade education of his goes to show you just how far in life a typical DACA Mexican gangbanger can get, here in the sanctuary city of Mexifornia

      • A fifth grade education would include the ability to read, yes? That’s actually sufficient to demonstrate that he isn’t a DACA participant. So, did you guys fail out at first, or Kindergarten?

  5. To tim. you are nothing but a loud mouth and you should just stay off these sites.

    he should get the death penalty in his mother should also be thrown in jail for lying

    • Remember, Bob is one of those people who is afraid to meet me in real life and knows absolutely nothing about me. Likes to speculate though.

      • Remember, Tim is one of those people who is afraid to meet me in real life and knows absolutely nothing about me. Likes to speculate though. You do know I’m an ex-con; maybe that’s why.

        • LOL…sure alexis…that sounds realistic. How many people off this site have I gone out of my way to meet? I’ve lost count. How about you alexis? Oh. That’s right. None.

    • The convicted felons are running the Antelope Valley Voice blog. You find a lot of Confederate flags, racists posts, dupport for Rex and his team of Marv, Hoffbauer, and Bishop, rumors, lies, and insane ramblings. It was fun for a while.

      • That’s what makes it fun. Especially the insane ramblings. Maybe my screen name should be ConvictedFelon.

        • I guess if think racist posts, lies, and libelous statements ‘fun’ then the Antelope Valley Voice is up your alley, Politically Toxic. It doesn’t surprise me.

        • Raye, then I say again:

          Why? Cause then you wouldn’t have to think for yourself instead of being a member of your group-think herd? Don’t like hearing opinions that differ from yours? Free speech too much for you. My micro aggressions keeping you up at night? Going to cry?

          Gutless, fragile, unpatriotic weenie snowflake. What country did you sneak in from? Debate me and defend your points and accusations, if you have the chops.

          I’ll probably be moderated.

        • Racists offer me nothing worth debating. I despise racist views. That’s why I left The Voice. It has nothing to do with being a snowflake, whatever that is. Sounds like a default name for anyone that doesn’t drink racist Kool Aid. Maybe we could exchange recipes.

        • Sorry, but debating ethics with racists is like debating astrophysics with people who refuse to believe the Earth isn’t flat. It’s frustrating, and no matter how effective you are they will still be ignorant. Gotta give this one to Raye.

        • It isn’t flat?

          AND I’M NOT A RACIST !!!

          Funny how leftist snowflakes avoid all open and free debate cause you’re “racist”. I guess for them, it’s easier making false, ignorant and libelous accusations than facing the music of fact and reality.

          Racist, racist, racist ad nauseam.

        • Then why are so many of your comments using favorite buzzwords from openly racists websites, snowflake?

        • Why do you assume those of us from other countries have snuck in Politicslly Incorrect? Unless you are 100 percent Native American, you or you ancestors came here from elsewhere. My people have as much right to citizenship as any other people including yours. Spare us the racist garbage.

      • Yeah,I’ve been called a quack before also. Now I’m a racist quack. Hmmm…. Has a ring to it. Next screen name?

        • LOL,OMG,LMAO,BGT,GSM….An entire evening of back and forth name-calling, and insults! There can NEVER be a reasoned debate by either side because no one is listening. Bigot, racist, ilk, and on, and on, and on. Comments that devolve into futility.

      • On another subject: Are you Jonnie’s Raye-Raye? If so, I love you and I’m sorry. I’ll never be racist again

        If not, drop dead.

      • And “snowflake” denotes the typical fragile leftists (socialists, CA Democrats, et al) that can’t logically defend their positions, who melts under the heat of open debate, are uncomfortable with intellectual freedom and free speech, can’t stomach the First (or Second) Amendment, and call everyone racist like Stinky in Abbott and Costello (anyone?). Like the Antifa a$$holes in Berkeley. Like YOU !!

        You won’t silence me, commy pinko terrorists, LOL.

        • A Democrat and proud of it. It is people with views like yours that keep us away from the Republican Party.

        • That’s how the racist crew at Breitbart define it, snowflake. I expand the definition to include crybabies who delight in spewing their “edgy political incorrectness” until someone calls them the racist that they are trying to appear to be, then wah-wah-wahs about how they aren’t really a racist.

          Pro tip: the old saw about ducks generally has nothing to do with ducks.

        • Never been a Republican and have never read Breitbart because of that Milo guy. He’s more obnoxious than I am.

          I’m an INDEPENDENT voter and THINKER. Really not a racist. Why exactly do you regurgitate that? Because I think illegal immigration is out of control? Isn’t that federal law in USA? Don’t you comply with federal law? What other laws don’t you like? We don’t need no stinking federal laws.

          Screaming racist is a lame argument, dude, and typical of Democrats. I despise both parties. Look what they’ve done to our country.

        • The interesting thing about “independents” is the astounding number of them who “never read Breitbart” yet have their language thoroughly peppered with right wing echo chamber terms…even quoting “definitions” for them that are straight out of Breitbart/Stormfront. If those ARE NOT your direct sources, you need to be aware of the origins of the material you are getting from whatever sources are parroting it to you.

          As to your parallel claims that the Earth is flat and that “illegal immigration is out of control”…like I said, arguing ethics with a racist is just like arguing astrophysics with a flat Earth believer. Boring.

        • Where are these intellectual debates you claim to have/want Politicalyadayadayada?

          Never saw one here.

          But, when you aren’t being snarky, you lose it and start ranting like you’re at a trump rally.

          Maybe we should call you Sybil.

    • Don’t worry Alexis…even if this guy dies I’m SURE you’ll be able to find a date somewhere. With your winning personality I’ll bet they’re lined up around the block.

      • Why thank you, Tim. I do have many men lined up around the block that want to date me. I’m tall, beautiful, and have a winning personality. Oh, by the way, since you mentioned “anal” in the comment below, it reminded me of your comment about a month ago, naming your toilet after me. Well, that’s another lie, because I know you don’t have a toilet, and that is why you are so “anal-retentive.”

        • LOL…see, this is the kind of extraordinary claim that would require some sort of extraordinary evidence. The ridiculous speculation that someone who comments as much as me, and has met as many people from this site in person as I have, “doesn’t have a toilet” is the kind of random absurdity that leaves you with no credibility.

          And if you have a winning personality in real life why do you go to such lengths to hide it here?

        • “I’m tall, beautiful and have a winning personality.”

          I don’t think so. From reading her other posts, she’s just spewing nonsense again.

          alex/Alexis is like trump. She speaks off-script most of the time, like trump tweets, letting us know who she really is and then posts lyrics to a song the way trump reads a scripted speech and expects people to buy it. Self praise is no recommendation, alex/Alexis, just like when trump does it.

          No pass, Alexis/alex.

  8. It’s so disgusting to see not only how callous the suspects are but The mother & co-parent of David Ponce as well. Asking mercy for that kmiscreant & seemingly overlooking the crimes that he’s been convicted of. No compassion for the victims or their families.
    The unmitigated incivility shown by those two is staggering.
    The defense lawyers for David and Rafael are woeful as well. Look at the incompetent arguments that they’re putting up in favor of those two. It’s like throwing whatever they can at the wall to see what’ll stick.
    I guess it’s a good thing those two murdering scumbags have ineffectibe lawyers because it means us law abiding citizens won’t have to worry about running into them out on the streets.

    • What do you expect from lawyers? Many of them are scumbag liars especially the one who plasters his name on everything he can in the AV.

    • can bet nobody would ever want this THING living next store EVER end of argument Judges never ever have a halfway house in the hood not now NOT 20 30 years from now

  9. Goo-goo, gah-gah! It’s another one of our bouncing, adorable DACA babies, all grown up now living the dream, heading straight for Mexifornia gladiator academy! Isn’t he precious?

    • You have evidence that this man is in the DACA program, or are you just typing out your anal orifice? Since I have a pretty good idea what the requirements of the DACA program are I’m guessing the latter, and wish you had sufficient concern for making your words stand for truth and accuracy to just knock it off.

      • This coming from you! You never supply any evidence for anything. In fact, none of your words stand for truth and accuracy. You are the king of falsehood, and have no problem dishing out lies to cover your own. You know, a typical example of deflection. For instance, calling me an apologist for Rex, is as absurd as a commenter calling you a child molester, because he thinks your name is actually TS. You’re all over the map of your scattered mind.

        • I don’t say things that are clearly, obviously, false…like “this guy with multiple convictions is a DACA participant.” If I were to make such a claim that flew in the face of known realities I would back it up, because extraordinary claims demand extraordinary evidence.

          I didn’t need to provide evidence when I said you are a Rex apologist, because you have already provided plenty. It wasn’t an extraordinary claim, just a simple observation.

      • “Anal orifice”? LOL. I wish I had said that.

        Wow, several relevant posts were ‘moderated”. It sucks to be censored.

        First Amendment, you snowflake of a mealy-mouthed editor! Leftist socialists can’t hang in open debate. This forum is losing credibility and I’m losing interest.

        • You, who brings nothing of interest to this forum now complains he’s losing interest.

          You’re like a guest at a pot luck dinner who brings a can of creamed corn yet complains that the food choices are awful.

          There’s nothing holding you here any longer if you’ve lost interest.

          • I actually like your reply. It made some sense. What’s wrong with creamed corn, are you a communist?

            You’re getting better William. Not good. Just better. Keep trying. But you gotta laugh a little now and then.

          • “creamed corn”????

            I shudder at the thought. Shudder. Shudder. It’s worse when I’m in Kansas in August.

          • William:

            “Nothing of Interest” is going to be my next screen name. Thanks buddy. I enjoy messing with ya.

          • Hey, Misquote AKA PoliticalPollution says

            Over the years, I’ve noticed that those who I’ve gone a few rounds with here eventually fall in love with me.

            Y’know. For every action there is an equal but opposite reaction. I find some people here who need some schoolin’ and they keep comin’ back for more. It’s love….L-U-V I tell ya.

            The ones who don’t fall hard are those who can’t love at all. You can tell by reading their posts. Right alex/Alexis.

            That outta rattle her cage a bit.

        • Good. Head over to the Antelope Valley Voice where you can wallow in the racist excrement with others of the same ilk.

      • You scream racist, racist, ad nauseam. That’s your answer for everything.

        And why would you care? It’s not your country. What country did you sneak in from?

        I hope Trump sends you back!

        Donuts to dollars I get moderated again. In USA, we had the First Amendment. Mealy-mouth snowflakes don’t want to hear anything uncomfortable, do they?

        • C’mon man. You are smarter than that. The first amendment limits THE STATE, not website owners. They have every right to moderate their site any way they see fit.

          • There’s plenty of opportunity to spew racist hatred over at the Antelope Valley Voice. Political Malpractice and the others who bring that garbage here would be welcomed with open arms and like minds over there.

            Buh bye.

          • Tim Scott for President!!!! Some people will follow anyone. That means you will follow a person that tells people with different views to “eat a bullet,” “go commit suicide,” or “just go die.” No thank you to your like-minded. Buh bye.

          • True that about 1st. I just don’t believe in censorship, especially when it’s me. I don’t care if it’s you being censored, lol.

            And don’t mind little ole me. I’m just spewing my mindless racial hatred. Are you people delusional?

            On another note: !!!! Alexis for President !!!!

            And she had the best insult in September.

          • Tim Scott for President:

            And am I upsetting your tender little sensibilities? Free speech keeping you up at night? Am I the one causing your sexual dysfunction?

            Ah, poor little snowflake can’t stand the heat. Maybe you should “self-deport” and go back to the corrupt sh_thole you came from. You’d be happier there.

            Be nice or I’ll take the gloves off. And I’m skeptical if you’re worthy of using Tim’s name in your handle.

          • And the trio marched in lockstep last night, so willing to call out another person as being racist. Absolute falsehood generated by those who twist comments to suit their own agenda. You don’t have to defend your comments against a trio of bullies.

  10. … Southern California becomes more and more like Tijuana, everyday. Doesn’t it? Geared ever increasingly for entertainment, ever decreasingly less for objectivity in jurisprudence, the wayward plight of our intellectually bankrupt judiciary is no less disgusting than the Mexifornication of once proud America, as sanctuary city judges and laywers glorify themselves, subjecting that poor mother to public humiliation for their amusement and merriment, forcing her to grovel and plea unto them, kissing their feet, begging their mercy to spare the life of her career criminal gangbanger thug –

    • Them’s some mighty big werds yer usin’ thare.
      Now, if you followed news you’d know crime was going down. Mexifornication? Which right wing blog did you pick that up from? Do you think using persumptive phrases and archaic words makes you sound edified?
      When you wrote this, did you smile and think you were smarter than everyone else? Are you triggered?

      • You used edified incorrectly and there’s no such word as “persumptive”.

        “Mexifornication” is used here frequently and should be codified in Websters.

        What’s “triggered” mean?

        Crime going down? LOL. Ask a cop.

        You’re being facetious, right?

        I’m smiling and thinking I’m at least smarter than you.