Ruling Bars D.A. From Seeking Death Penalty in ‘Bee Lady’ Killings

The Orange County district attorney’s office cannot seek the death penalty against a 24-year-old man accused of killing two elderly Anaheim women whose bodies were found bound and gagged, an appellate court ruled Tuesday.

Edward Barrios, one of three men arrested in connection with the deaths of Alice Schafer, 68, and her mother, Elizabeth Schafer, 96, known as “the Bee Lady,” is awaiting trial.

The 4th District Court of Appeal on Tuesday pointed to a recent state Supreme Court ruling that special circumstances permitting a death penalty verdict cannot be included in a case involving murders that were unintentional.

Medical reports show that the two women died of asphyxiation because of socks placed in their mouths. Prosecutors do not theorize that the attackers knew that gagging the women would kill them.

Barrios’ two co-defendants, Oscar Torres and Jerry Ulloa, both 18, are serving California Youth Authority sentences for their roles in the case. Ulloa pleaded guilty and Torres was found guilty of first-degree murder by a jury. That judgment was reduced to second-degree by the court. Both will be free at age 25.

Elizabeth Schafer was known as the Bee Lady by neighbors because she sold honey from her own beehives at a roadside stand in front of her home. She also was known for defeating an attempt by some neighbors to remove the hives.

Mrs. Schafer and her daughter, who lived with her at her 1500 W. Broadway home, were found on Aug. 18, 1983, by Mrs. Schafer’s son, Robert, who had come to fix them breakfast. Police later were told by neighbors that Ulloa, Torres and a third young man whom prosecutors claim was Barrios had talked about robbing the two women.

Because Ulloa and Torres were less than 18 years old when the crimes were committed, Barrios was the only one who could be sent to the gas chamber. He was charged with five special circumstances: robbery of each of the two women, burglary against each and the commission of multiple murder. The trial judge, James Alfano, threw out the first four based on a recent state Supreme Court ruling but permitted the special circumstance of double murder. However, a second state Supreme Court ruling held that double murder cannot be a special circumstance if both murders were unintentional.

Deputy Dist. Atty. Mel Jensen said Tuesday that because of the state Supreme Court’s attitude, the appellate ruling Tuesday in Barrios’ case was no surprise.

“It’s disappointing, but not unexpected,” Jensen said.

If convicted, Barrios could be sentenced to no more than 25 years to life.