Spring Valley

The attorney for a man charged with murdering a couple in an apartment claims that the shootings occurred because his client thought his wife was being held hostage in the apartment.

Francisco Urias Uriarte, 30, pleaded innocent to charges of murdering Jeffrey Constantino, 37, and his wife, Nancy Constantino, 36, who were shot Oct. 15 while visiting one of Uriarte’s neighbors on Delrose Avenue.

“He thought his wife was being held captive in the apartment,” defense attorney Gerson Horn said Friday.

Horn said the shootings occurred when Uriarte was in a “delusional state.” Horn said his client believed that the people in the apartment had abused his wife.

At the time, Uriarte’s wife was in a Tijuana hospital having a kidney removed, said Horn.

At the urging of Deputy Dist. Atty. Greg Walden, San Diego Court Judge Melinda Lasater refused to set bail for Uriarte.

“We have two orphans in the case. Mr. Uriarte is an absolute menace to the community,” Walden argued.

Walden said the district attorney’s office is still considering filing special circumstances allegations, which could lead to execution for Uriarte if he is convicted of first-degree murder.

Horn said the case is not an appropriate one for special circumstances. He said Uriarte has no prior record.

The couple was visiting John Alva, 33, who was also wounded in the shooting. Walden said Alva was first shot in the arm, and feigned death only to be shot again while he was on the floor.

Thomas Eberwein, 32, also of Spring Valley, was wounded shortly afterward.

Horn, who practices law in Beverly Hills and was retained by Uriarte, suggested bail at $150,000.

Lasater set a bail review for Oct. 30 and a preliminary hearing for Dec. 1.

The judge said she had a question about Uriarte’s mental competence because of Horn’s comments about his delusions, but Horn said Uriarte was mentally competent.

The defense attorney said Uriarte sold diapers at swap meets for a living and had lived in the county for five years. He and his wife have three children.

Meanwhile, a fund to assist the children of the Constantinos has been established by the San Diego County district attorney’s office.

Spokeswoman Linda Miller said donations will help provide emergency assistance for Jeffrey Constantino, 12, and his sister Kimberly, 16, who are staying with an aunt temporarily.

To contribute to the fund, send checks to the nonprofit Crime Victims Fund, P.O. Box 86318, San Diego, CA 92138. Miller said the Constantino children also will receive financial assistance for funeral services, counseling and other needs through a state program for crime victims.