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Murder Defendant Labeled a Menace and Jailed by Judge

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TIMES STAFF WRITER

Pacific Beach real estate broker Howard F. Barton Jr. was ordered Monday to stand trial for murder in the shooting of Marco Sanchez after a traffic dispute between Sanchez and Barton’s daughter. Barton’s $500,000 bail was revoked by a judge who called him “hot tempered and a danger to the public.”

“The killing was committed without any cause, without justification. . . . It was an uncalled for, premeditated, unlawful killing,” said Municipal Judge Rafael A. Arreola. “The killing was unnecessary to prevent death or great bodily injury to you or your daughter,” he told the defendant.

Barton, 47, is charged with murder in the Feb. 22 shooting death of Sanchez, 24, a National City resident. He was taken into custody and put in the County Jail after Monday’s hearing.

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The shooting occurred in Pacific Beach, after a minor traffic altercation between Sanchez and Barton’s daughter, Andrea Barton.

After the altercation, Andrea Barton drove to her father’s nearby real estate office. The Bartons then went looking for Sanchez and found him shopping in a store on Garnet Avenue. Witnesses said a series of arguments ensued, with Sanchez walking away from the Bartons each time.

Witnesses testified that Howard Barton followed Sanchez to his car and shot him once in the back, while Sanchez was sitting inside. A wounded Sanchez exited the car and ran down the sidewalk, before collapsing and dying inside a store.

Defense attorney Clyde Munsell argued throughout the five-day preliminary hearing that Barton shot Sanchez in self-defense, claiming that Sanchez attacked Barton with a knife. However, none of the witnesses testified to seeing a weapon in Sanchez’s hands. Munsell also attempted to justify the killing on grounds that Barton believed his daughter was in imminent danger.

On Monday, Arreola lectured Barton that “there was no justification” for him to get involved in his daughter’s argument with Sanchez. The judge said “a reasonable” person would have called the police instead.

In his closing argument, Munsell asked Arreola that, if he found it necessary to order Barton to stand trial to bind him over on a charge of voluntary manslaughter or at the very most second-degree murder, and throw out a first-degree murder charge.

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Deputy Dist. Atty Lisa Chappell pointed out to Munsell that the district attorney can merely charge Barton with murder, and that it is up to a jury to decide whether to convict him of first- or second-degree murder or manslaughter, or to acquit him.

Munsell made a final appeal to have Barton remain free on bail pending his next hearing May 25, but Arreola turned him down.

“My concern is his temper and danger to the public. . . . I don’t know if it’s (the shooting) an isolated incident. But I don’t want to have another isolated incident,” said Arreola.

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