Man, 73, Sentenced in ‘Most Tragic’ Slayings

Sam Lewis, the 73-year-old retired junk dealer who killed two men because a car was blocking his driveway, was sentenced to eight years in prison Friday by a judge who expressed respect for the old man but said he had to be punished for his act of vigilantism.

The sentencing of Lewis, who pleaded guilty in March to two counts of voluntary manslaughter, presented a dilemma to Municipal Court Judge Ronald Domnitz, who praised Lewis for being a pillar of the community but added that the killings cried out for justice.

Several friends from Lewis’ Gavin Street neighborhood in Southeast San Diego testified for the defense and portrayed him as law-abiding, with an impeccable respect for others. The witnesses included former San Diego Police homicide detective Johnny Williams, who described Lewis as “a very peaceful man that bothers no one.”

The prosecution, conceding that until he committed the killings, Lewis had lived an exemplary life, failed to produce any character witnesses to rebut the testimony of the defense witnesses. Instead, the prosecutor hammered away at what he called Lewis’ act of vigilantism, arguing that the victims did not deserve to die.

Different Sentence Requests

Defense attorney Milly Durovic had asked Domnitz to sentence her client to one year of local custody and five years probation, while Deputy Dist. Atty. Robert Eichler had asked for the maximum 15-year sentence. The County Probation Department had recommended a five-year prison sentence and three years probation.

“This is probably the most tragic case I’ve seen in 6 1/2 years as a judge,” said Domnitz. He stated repeatedly that no one will probably ever know what prompted Lewis to shoot his new neighbor, Sean Nichols, 28, and Nichols’ friend, Robert Rose, 33.

The drama unfolded the evening of Nov. 22, when Lewis walked across the street to confront Nichols. Lewis was angry because a white car was blocking his driveway. The car did not belong to either of the victims.

Several neighbors said that Lewis had become increasingly upset by cars blocking his driveway, ignoring a no parking sign that hung on the gate. They said that Lewis’ wife suffered from various illnesses and he wanted the driveway clear in case he had to rush her to the hospital.

On Friday, Durovic argued that because he lived in a high-crime area, Lewis was afraid of Nichols and Rose, who were drug users and had arrest records. She suggested that Lewis took along a .32-caliber revolver when he walked across the street because “he was legitimately afraid” of Nichols and Rose. Lewis acted “not out vigilantism but out of fear,” she added.

A Drug House?

After his arrest, Lewis told police investigators that he believed Nichols and Rose were dealing drugs out of the Gavin Street house, and that he thought one of the men was attempting to get a rifle while he waited at the door. A police search of the house produced narcotics but no weapons. Several neighbors testified Friday that Nichols and his friends were noisy and said the home was frequently visited by strangers who came and went at all hours.

“His perception of people across the street is that they’re dangerous,” Durovic said.

She offered a passionate argument for probation for Lewis, who sat stoically at the defense table throughout the three-hour-long hearing.

“If there’s anything to punish him for . . . we ask the court to follow our recommendations (one-year local custody and five years probation) . . . For someone his age and physical problems, this is a tremendous punishment,” said Durovic. “We’re asking for the court not to kill him. Sending him to prison is a death sentence . . . We’re asking him to be punished without being killed.”

Prosecutor Eichler offered an equally convincing argument. He acknowledged that crime is a problem in Lewis’ neighborhood but argued that “we don’t allow people to shoot people because crime is rampant on the street.”

“He was the judge, law, jury and executioner all in one . . . because he thought these people were dealing drugs,” said Eichler.

Signs of Dementia

Dr. Harold W. Ward, a psychiatrist, testified that Lewis displayed signs of dementia and Alzheimer’s disease and theorized that he was frightened into shooting Nichols and Rose because he feared for his life.

But Eichler said that Lewis, who was described as a gun enthusiast, knew what he was doing when he picked up his gun and walked across the street to confront the two men.

“He made a conscious choice to take a loaded weapon, that he is very skillful at using . . . The victims in this case did nothing to instigate this crime. They were (only) troublesome neighbors,” said Eichler.

After listening to arguments by the defense and prosecuting attorneys, and a brief statement by attorney Peter Doft, who is representing Nichols’ mother in a civil lawsuit filed against Lewis, Domnitz proceeded to impose the sentence.

While acknowledging the victims’ drug use and arrest records, Domnitz nevertheless agreed with Eichler that the men did not deserve to die. He quickly informed Durovic that he did not believe probation or local custody were appropriate in the case.

‘Died for No Reason’

“I don’t blame Mr. Lewis for being upset with the situation, but I don’t think we can allow people to use a gun to settle disputes,” said Domnitz. “I ask myself, ‘What other alternative did Mr. Lewis have other than going over there with a gun.’ ”

Then, looking directly at Lewis, Domnitz said:

“Two people died for no reason, exactly why, only you know. Prison is an appropriate place for you to be punished.”

With that, Domnitz sentenced Lewis to six years in state prison for the two killings, plus an additional two years for using a gun. Domnitz said he would ask state prison officials to incarcerate Lewis in a minimum-security facility.

However, Domnitz retained jurisdiction over Lewis and has the authority to modify the elderly man’s sentence if his health begins to deteriorate while in custody.

Nichols’ family refused to talk with reporters after the sentence, as did Lewis’ relatives. Rose’s family lives out of state and did not attend the sentencing.