Spring Valley

The San Diego County district attorney's office filed special circumstances allegations Tuesday against a Spring Valley man charged with shooting four people, two of whom died.

However, Deputy Dist. Atty. Greg Walden said his office will not seek the death penalty against Francisco Uriarte, 31, who is accused of the Oct. 15 shootings.

Instead, Walden said his office will seek to have Uriarte held in prison without the possibility of parole if Uriarte is convicted of first-degree murder. The special circumstances allegation states that the murders were multiple.

Killed were Jay Constantino, 37, and his wife, Nancy, 36, who were visiting the apartment of John Alva, who was wounded. A bystander outside, Thomas Eberwein, was also wounded.

Walden said Uriarte had no prior record and was heavily under the influence of cocaine and marijuana at the time of the shootings.

Uriarte was to have been arraigned Tuesday, but the matter was delayed until Friday because his Beverly Hills attorney, Gerson Horn, resigned from the case and a new attorney was appointed.

Horn said earlier that the shootings occurred because Uriarte was in "a delusional state." Witnesses testified that Uriarte came to Alva's apartment armed with a gun under the mistaken belief his wife was being held hostage there.

At the time, his wife was in a hospital. Uriarte remains in County Jail without bail.

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