Advertisement

Gang Member, 19, Is Convicted of Drive-By Murder : Crimes: Scott Kastan is found guilty of the shooting death of a Thousand Oaks woman. The verdict is first-degree. The jury rules that a co-defendant was an accessory.

Share
TIMES STAFF WRITER

A 19-year-old gang member from a wealthy family was convicted of first-degree murder Friday in the drive-by slaying of a Thousand Oaks woman last May.

But the Ventura County Superior Court jury that convicted Scott M. Kastan after three days of deliberation acquitted his co-defendant, Patrick H. Strickland, of murder charges. Strickland, 23, was convicted only of being an accessory, which carries a maximum term of three years in prison.

The two defendants, both admitted members of a Thousand Oaks gang, were charged with the slaying of Jennifer Jordan, 20, who was struck in the head by a bullet when she stepped outside the Houston Drive house where she was living. The shots were allegedly intended for members of a rival gang who were attending a party at the house.

Advertisement

Kastan, who had taken the witness stand to deny any role in the shooting, shook his head silently as the first-degree murder verdict was read. His father, described in court as a wealthy inventor, covered his face while Kastan’s mother burst into tears.

But Strickland’s mother, Irene, squealed with relief when the court clerk read that her son had been acquitted of murder charges. Strickland hugged his attorney, Deputy Public Defender Joseph P. VillaSana.

Deputy Dist. Atty. Donald C. Glynn said he was delighted with the first-degree verdict against Kastan, who also was convicted of two counts of attempted murder and using a firearm in a crime.

But the prosecutor said he was disappointed that Strickland was found to be only an accessory--a legal term for a person who helps the perpetrator after a crime. Glynn had argued that Kastan fired the shots but that Strickland was a willing participant.

As to whether the verdicts will send a message to gang members, Glynn said: “The only message we sent was to the killers. The aiders and abettors seem to be doing very well in our court cases.”

He was alluding to an eight-defendant gang assault trial last year that ended in acquittal or a hung jury for all of the defendants. One of them was Kastan, who was out on bail in that case when Jordan was slain. Strickland also was out on bail in a gang-related case when he was charged with the murder.

Advertisement

The victim’s father, Charles Jordan, said he was disappointed by the Strickland verdict but still commended Glynn for “getting two murderers off the streets.” Jordan’s slain daughter left a 15-month-old baby girl, who is being cared for by another daughter.

Almost from the outset, Kastan admitted bringing a gun along last May 31 when he and Strickland spent several hours riding around with two women in a black BMW. And both men admitted to being in the back seat when the shots were fired just after 9 p.m.

But each claimed that the other jumped through the sunroof and fired the bullets. Each claimed that he had no idea that the other planned to shoot. Strickland did not testify, but Kastan told the jury that Strickland was the killer.

The jury apparently believed the testimony of two men who were fired at a few seconds before Jordan was hit. Both men testified that the gunman was a white man with a thin neck--a description that could only fit Kastan. Both witnesses testified that Strickland was definitely not the one who fired the shots.

In a brief interview, a juror who asked not to be identified said the panel quickly agreed that Kastan was the shooter. “The problem was whether it was first-degree or second-degree,” the juror said.

As evidence that the shooting was premeditated--a necessary element of first-degree murder--Glynn introduced letters written by Kastan a few weeks before the shooting, stating his intent to shoot members of the rival gang.

Advertisement

Kastan’s attorney, James Edward Blatt, argued that the letters proved nothing except that the gangs didn’t like each other. He said the evidence pointed to a spontaneous act that was no graver than second-degree murder.

Once the jurors determined who fired the shots and whether it was premeditated, they had to decide what role, if any, the other man played. Strickland’s attorney argued that Strickland was just along for the ride and didn’t know what Kastan was going to do, and the jury agreed.

“There was not enough evidence that he knew ahead of time,” the juror said of Strickland.

Blatt, a veteran Los Angeles County defense attorney whose aggressive defense included a videotaped re-enactment of the shooting, said he was disappointed with the verdicts but thought his client received a fair trial.

“I thought it would be not guilty or second-degree,” Blatt said. As for his client’s role in the slaying, he said, “I still strongly believe he was not the shooter.”

Strickland’s attorney, VillaSana, could not be reached for comment.

Superior Court Judge Lawrence Storch scheduled Kastan’s sentencing for March 9 and Strickland’s for the following day. By law, Kastan must receive a term of 25 years to life for the murder, plus additional time for the attempted-murder and firearm convictions. Blatt said he expects a sentence of 30 to 40 years in prison.

By contrast, even if Strickland gets the maximum three-year sentence on the accessory conviction, he could be eligible for parole in less than a year because he has already been in custody for eight months.

Advertisement
Advertisement