Waldon to Face Death Penalty in 3 Slayings

Billy Ray Waldon, accused of killing three San Diegans, was charged Thursday with five “special circumstances allegations”--charges that make it possible to seek the death penalty against him. Deputy Dist. Atty. Chuck Patrick said that the list of crimes arising from Waldon’s alleged December crime spree created multiple opportunities to seek Waldon’s execution.

The five special circumstances allegations with which Waldon has been charged are: multiple murder in which one of the murders is in the first degree; two counts of murder while committing a robbery; murder while committing a burglary, and murder committed to escape arrest.

The charges stem from the slayings of Dawn Ellerman, 43, and her daughter Erin, 13, on Dec. 7 and the Dec. 20 killing of Charles Gordon Wells, 59, Patrick said.

If he is found guilty, any one of these counts would mean life imprisonment without parole, or the death penalty for Waldon.

Waldon, who had been placed on the FBI’s Ten Most Wanted List in connection with killings committed here and in Tulsa, Okla., was apprehended by police on a routine traffic violation June 16, but it was several days until police realized the man they had in custody was Waldon.

Patrick also filed an amended complaint, which added charges of rape with a foreign object and of forcible oral copulation, bringing the total of felony counts against Waldron to 17. A previous charge of receiving stolen property was dropped.

“The revisions were made after a more careful review of the available evidence” and not because of new findings by the police, Patrick said.

At the hearing, Elliot Lande, who had been representing Waldon through the Office of Defender Services, was relieved of the case by San Diego Municipal Court Judge Lisa Guy-Schall after Patrick pointed out that Lande’s “slight social acquaintanceship” with Waldon’s alleged rape victim constituted a conflict of interest, Patrick said.

A new attorney will be appointed for Waldon at a hearing Wednesday morning, and he will be formally arraigned then on the revised charges. At that time, Waldon will have to reenter his pleas and a date for a preliminary hearing will be set, Patrick said.

Waldon pleaded innocent to all charges at a hearing last week.