Victim Had Telephoned Report of Family Dispute : Wife Arrested After Man Is Found Dead

A 67-year-old Mission Viejo man who had called police minutes earlier to calmly report a domestic dispute was found dead on the living room floor, and his wife was arrested on suspicion of murder, authorities said.

Frances Joan Upton, 57, was booked into Orange County Jail and was being held Tuesday in lieu of $250,000 bail, Sheriff’s Lt. Richard J. Olson said.

A preliminary autopsy showed that Albert Eugene Upton, who had been hit over the head, died of a massive heart attack, Olson said. A final determination of the cause of death won’t be available until toxicological tests are completed.

The Uptons were described by neighbors in the 27800 block of Via Sarasate as a quiet couple who kept to themselves and were never seen fighting. The pair, who moved into the cul-de-sac just six months ago, were apparently renting their house in the Mission Viejo retirement community of Casta del Sol.

“It’s extremely upsetting to think that such a thing happened at that quiet house,” said a neighbor who declined to identify herself. “They seemed very pleasant. That’s what makes it so strange.”

Thomas Slaten, who lives across the street from the Uptons’ house, said he was awakened by Frances Upton’s screams late Monday night.

“I heard her say, ‘Oh my God, oh my God!’ and then a door slammed,” he said. “I opened my front door and looked out and saw their lights go on.”

Authorities are still uncertain about the sequence of events leading to Albert Upton’s death. No one but his wife witnessed the death, and “she’s not telling us anything,” Olson said. “She’s invoked her rights.”

Olson said Albert Upton called police on the emergency 911 number shortly before midnight Monday and asked authorities to come to his house for a “family dispute.” While a sheriff’s deputy was taking the information, the telephone line was abruptly cut off.

A sheriff’s desk officer immediately called back, and Upton said that the situation had “calmed down” but that deputies should still come by, Olson said.

Wife Found in Bedroom

When deputies arrived, about 10 minutes after the first telephone call, Albert Upton was lying on the floor with a head wound and his wife was discovered apparently asleep in the couple’s bedroom, Olson said.

Frances Upton was arrested based on evidence at the scene, Olson said, but he refused to disclose what authorities found.

Albert Upton was declared dead at the scene by paramedics, Olson said. He added, however, that the head wound was not consistent with a fall to the ground.

A woman who knew the Uptons well several years ago when they lived in the 28000 block of Ambar in Mission Viejo was shocked to hear of the incident. “I’m really surprised and saddened by it,” said Ann Pichette, 33.

Albert Upton was an inventor who had developed a new kitchen mop and a coin apparatus for a laundromat, she said.

“He was very creative, very friendly,” she said.

Frances Upton was rather high-strung, Pichette said, but the couple were always “very friendly.”

On Tuesday afternoon, a yellow mail delivery notice was posted on the front door of the couple’s tan stucco home.

“You just never know what goes on in the privacy of a home, do you?” a neighbor said.