Defendant in Fatal Burning Testifies in Penalty Phase

SANTA ANA — A Buena Park man who faces execution for burning a bookkeeper to death appeared at his trial for the first time Thursday, reading jurors several of his poems and sharing other personal stories.

Jonathan D’Arcy previously refused to attend his trial, repeatedly objecting to the way his case has been handled.

But he changed his mind Thursday as his lawyer sought to give jurors a personal glimpse of the man whose fate they must decide.

The jury found the 34-year-old janitor guilty of first-degree murder earlier this month in the 1993 burning death of Karen Marie LaBorde in her Tustin business office.

The verdict included findings of torture and mayhem that make D’Arcy eligible for a death sentence. The Orange County Superior Court jury will return to court Jan. 6 to decide if he should be executed.

Defense attorney George Peters limited his client’s testimony to personal stories, preventing the prosecutor from being able to delve into the crime.

D’Arcy, who has staged a hunger strike since Nov. 13, appeared pale and gaunt but spoke clearly about such things as his love of playing guitar, and the musical bond he shared with his girlfriend’s teenage son.

He testified about training to become a broadcaster and a repairman, and ended his testimony by reading several poems he had written, including one about nurturing relationships in a “fast food” society.

Peters has urged jurors to sentence D’Arcy to life in prison without parole, saying the man has a long-history of mental illness, perhaps brought on by a troubled and abusive childhood.

Deputy Dist. Atty. Robert Molko told jurors the aggravating circumstances of the crime warrant a death sentence.

The prosecutor said D’Arcy was seeking revenge over a paycheck he thought was being withheld from him when he doused LaBorde, 42, with gasoline and set her on fire with a cigarette lighter on Feb. 2, 1993. LaBorde, who worked for a Tustin building maintenance company that employed D’Arcy, suffered burns over most her body and died several hours later.

D’Arcy did not indicate Thursday if he would end his hunger strike. A Superior Court judge has ordered forced feedings to ensure the trial is not disrupted.