Jury Convicts Transient in Good Samaritan Slaying

A jury convicted a 22-year-old transient Monday of first-degree murder in the so-called Good Samaritan killing of a man who chased a burglar down a street after hearing a woman scream.

After deliberating for two days, the jury also found special circumstances allegations true that Timothy Pemberton murdered Gary Smith during a burglary and a robbery.

The special-circumstances finding exposes Pemberton to a life sentence without the possibility of parole. The district attorney’s office last year decided not to seek the death penalty.

San Diego Superior Court Judge Richard Murphy set sentencing for April 22.

Smith, 35, chased Pemberton down the street after hearing Christiane Chazin scream as she entered her University City condominium July 18, 1990, and found a burglar inside. Smith was cleaning a carpet next door.

Witnesses said Smith was shot as he caught up with Pemberton. Smith was shot three more times after he fell to the ground. Smith remained in a coma for six days, but died without regaining consciousness.

Pemberton, who showed little reaction when the verdicts were read, was also convicted of robbing and burglarizing Chazin’s condominium and was found guilty of other unrelated counts of burglary, receiving stolen property, and possession of methamphetamine.

The jury acquitted Pemberton of one burglary charge and an auto-theft count.

His attorney, Michael Butler, suggested last week to jurors that a verdict of second-degree murder or voluntary manslaughter would be more appropriate than first-degree murder.

Butler also argued for acquittal, saying that Smith “jumped him out of the blue,” and Pemberton acted in self-defense.

Deputy Dist. Atty. Lisa Chappell had argued that the slaying was automatically first-degree murder because it occurred during a burglary and a robbery.