D.A. Seeks Life Without Parole Instead of Death Penalty in Skateboarder’s Trial

The district attorney’s office filed special circumstance charges Thursday against Mark (Gator) Anthony in the slaying of a 22-year-old aspiring model from Pacific Beach.

The prosecutor will not, however, pursue the death penalty for the 24-year-old skateboarding star from Carlsbad, opting instead for life imprisonment without the possibility of parole.

The decision, made by Dist. Atty. Edwin Miller Jr., was based on Anthony’s youth and his lack of a criminal history, said Deputy Dist. Atty. Greg Walden, who is prosecuting the case.

Prosecutors are seeking the special circumstance of murder during a rape, Walden said.

Anthony is accused of raping and strangling to death Jessica Bergsten on March 20 in an apparent revenge killing because he believed she was responsible for his recent breakup with his ex-fiance, Brandi McClain.

Authorities said Anthony handcuffed Bergsten’s hands and feet to his bed, raped her for three hours and struck her several times with a steering-wheel lock bar. When she called out for help, Anthony allegedly became concerned that neighbors might hear, so he allegedly placed her inside a surfboard bag and strangled her.

Seven weeks after the slaying, Anthony turned himself in to police and reportedly led them to Bergsten’s shallow grave in the Imperial County desert. Anthony’s attorney, however, denies that Anthony confessed to the crime, saying he had been misled by police.

Walden, who had previously hinted that he would seek the death penalty, said that Anthony’s alleged admission to the crime played no role in Miller’s decision not to pursue the death penalty.

“You don’t get bonus points when your guilty conscience starts bothering you. The decision is based on the crime itself, not the way the crime was brought to justice,” Walden said.

Judge William B. Draper Jr. appointed the public defender’s office to continue to represent Anthony. It had previously been thought that Anthony, who had been listed as one of the top 10 skateboarders in the world, would be able to hire his own attorney.

“Although Mr. Anthony is not indigent, his assets are not substantial enough to hire any attorney competent to try a case of this kind,” said John Jimenez of the public defender’s office.

A preliminary hearing is scheduled for June 17.