On 1/4/2006, the San Diego Union Tribune (
visit link) ran the following story:
"Elderly woman dies from injury suffered during casino crime
By: JO MORELAND - Staff Writer | midnight Jan. 4, 2006
Authorities said Tuesday that 84-year-old Dorothy Ann Magnuson died Saturday after suffering a closed head injury when she fell at the Valley Center casino after being accidentally struck by a theft victim who was chasing the suspected thief.
The alleged thief has since been caught, but he can't be charged with Magnuson's death under the law, officials said.
"It's a horrible tragedy," Valley Center sheriff's Sgt. Darrell Carr said about the case.
Deputy District Attorney David Greenberg, chief of the District Attorney's North County office in Vista, said that 40-year-old grand theft suspect Martin Mejia Penaloza of Valley Center can't be charged with murder or involuntary manslaughter under California law.
That's because the alleged thief didn't commit any act that was obviously or inherently dangerous to human life while fleeing, he didn't intend to kill anyone, and he didn't commit a dangerous felony, Greenberg explained.
"He took money and he ran, and somebody went running after him," said the deputy district attorney.
Penaloza was still in custody Tuesday night at the Vista jail. His bail was set at $10,000, pending tentative arraignment for grand theft this afternoon at the Vista Court.
Magnuson's family issued a statement Tuesday evening after her funeral at the Church of St. Timothy in Escondido.
"Our family is devastated by such a senseless, avoidable act," said Michiel Budlong of Escondido, a daughter of Magnuson. "It demonstrates a lack of respect of human life, causing the death of our mom. Who should be accountable for her death?"
Budlong described her mother as a loving, outgoing and giving woman who was always there for her six children, 14 grandchildren and two great-grandchildren.
On Dec. 25, Budlong said, her mother, who used a cane, had been at the casino about 10 minutes when she was fatally injured.
Carr said a man stole about $800 worth of slot machine chips from a customer, whose name wasn't available. The theft victim began chasing the thief, the sergeant said.
"We looked at a (casino) tape of the incident, and it looks like the victim of the theft stumbled and accidentally ran into (Magnuson)," said Carr. "She fell to the (floor) and hit her head."
Sheryl Magnuson of Escondido said a Mercy Air helicopter flew her unconscious mother-in-law to Scripps Memorial Hospital, La Jolla, where she underwent brain surgery for bleeding.
Meanwhile, Carr said, casino staff reviewed their videotape of the incident and provided Penaloza's first name and the location where he hangs out.
Deputies saw Penaloza coming out of a Valley Center market Friday, called his first name and took him into custody when he walked over to them, said Carr.
Dorothy Magnuson died the next day at the hospital, a San Diego County medical examiner's investigator said. She said an autopsy determined Magnuson died of a closed head injury suffered in the casino fall.
"She enjoyed going up to the casino," Budlong said. "She knew the people there, and they looked out for her."
Contact staff writer Jo Moreland at (760) 740-3524 or jmoreland@nctimes.com ."