Judge Upholds Charges Against Wesson

A judge ruled Monday that there was sufficient evidence for Marcus Wesson to stand trial on charges that he murdered nine of his children.

Judge Lawrence Jones’ ruling came during a preliminary hearing that began last week. Wesson, 57, has pleaded not guilty to charges that he murdered his 25-year-old daughter and eight other children, ranging in age from 1 to 17.

But his attorneys suggested that the case was a murder-suicide in which Wesson’s oldest daughter shot her siblings before turning the gun on herself. “The evidence is woefully slim that points to Mr. Wesson as the shooter,” defense attorney Pete Jones told the judge in arguing for a dismissal of the charges.

Wesson also will stand trial on 13 charges of sexual abuse dating to 1988, the judge ruled. The abuse accusations include multiple charges of continuous sexual abuse and forcible rape against females who lived with him, including family members. Five of the six females were under 14 when the alleged attacks occurred.

Wesson had initially faced 33 sexual abuse charges, to which he had pleaded not guilty, but the judge on Monday allowed prosecutors to amend the complaint, dropping 20 of the sexual abuse charges by combining some with others. Wesson’s attorneys called the sexual abuse charges “vague” and plagued with “jurisdiction” problems.

Police said Wesson engaged in a lifestyle of incest and polygamy, fathering children with his own daughters and nieces. They allege that he held total control over his family and likened himself to God.

Testimony by police related tales of Wesson’s alleged fascination with David Koresh, the leader of the Branch Davidian cult who died in a fiery 1993 confrontation with federal agents in Texas, and of a suicide plan devised by Wesson in which his children would kill each other -- oldest to youngest -- should authorities ever try to break apart the family.

Defense attorney Jones asked for a dismissal of the charges Monday, claiming prosecutors had not proved that Wesson pulled the trigger or ordered others to do so.

Police initially were called to Wesson’s west Fresno home on March 12 when two women claiming to be the mothers of children inside came to retrieve their youngsters. After Wesson emerged from the home with blood on his clothes, police found a pile of bodies in a bedroom. Each victim had been shot in the eye and, according to coroner’s reports, died almost instantly.

Police testified that officers found a .22-caliber gun and a hunting knife with a 5-inch blade under the body of Sebhrenah Wesson, 25, the eldest daughter. Her body also was positioned slightly to the side of the pile of other victims, police testified.

Authorities have conducted gunpowder residue tests on some of the victims’ hands, but no physical evidence against Wesson has yet been made public. Defense attorneys said Monday that they also had not yet received the results of the gunpowder tests.

“The evidence has not demonstrated that Marcus Wesson shot and killed anyone or ordered the killing of anyone,” Pete Jones told the judge. “The gun was found under Sebhrenah.... The wound that was inflicted to Sebhrenah could easily have been self-inflicted,” Jones added, pointing to police testimony that the bullet entered her eye in an upward direction.

“Sebhrenah fell on the gun after shooting herself,” Jones said.

Wesson, who is being held without bail, is due back in court April 27. A trial date has not been set. If convicted of the murder charges, he could face the death penalty.