Teen-Agers’ Attacker Found Guilty of Attempted Manslaughter

A Granada Hills mental patient was found guilty of two counts of attempted voluntary manslaughter Tuesday for bludgeoning two teen-agers with a hammer as they sat on a curb near his house on a summer night.

Deputy Dist. Atty. Daniel M. Greller argued that Rudolfo Aguero, 34, should be convicted of attempted murder for hitting Kelly McClure, 19, and Jackson P. Utley, 18, on the head several times with a hammer in July, 1988.

But San Fernando Superior Court Judge John P. Farrell decided that the crime occurred in the “heat of passion,” as a result of Aguero’s schizophrenia. The judge ruled that Aguero did not fully understand what he was doing.

“I find he manifested an intent to kill, but it was a sudden intent to kill at the time of his swinging,” the judge said.

In his confession, Aguero said a voice had told him that young people were laughing at him, so he got a hammer and went outside, Los Angeles Police Detective George Daley testified during the three-week non-jury trial.

When he saw McClure and Utley, he struck them repeatedly with the hammer because he thought that they were laughing at him, Daley said.

Public Defender Nelda K. Barrett said Aguero should have been convicted of assault with a deadly weapon because he did not say in his confession that he wanted to kill the teen-agers.

Aguero faces a maximum sentence of 11 1/2 years in prison for voluntary manslaughter. Had he been convicted of attempted murder, he could have been sentenced to life in prison. Sentencing is scheduled Nov. 8.

“Considering that Jack and I are going to have to deal with what happened to us for the rest of our lives, 11 1/2 years doesn’t seem very substantial,” McClure said.

McClure said she cannot stand on her feet for long periods of time and must walk with braces because of her injuries from the attack. Utley said he has lost much of his memory and has limited feeling in his hands and right leg.

The two teen-agers, who are sweethearts, attended the trial every day with their parents.