Man Arrested in Teen’s Slaying May Be Tried in Juvenile Court

Because he was only 15 at the time, the Santa Paula man charged with the 1993 stabbing death of Jesse Strobel may be tried as a juvenile--a move that could mean Jose “Pepe” Castillo, if convicted, would spend as little as four years in the California Youth Authority.

But Deputy Dist. Atty. Patricia Murphy said she will spend the next several days looking for ways to have 21-year-old Castillo prosecuted as an adult, under which the same conviction would bring him 25 years to life in state prison.

The major stumbling block for prosecutors, however, is a law that was in effect at the time of Strobel’s homicide that prevented offenders under 16 from being tried as adults.

That law was changed in 1995, lowering the age juveniles could be tried as adults to 14 for some crimes, including murder.

Getting around the 1993 law will be tough, attorneys said, adding that it would be unconstitutional to apply the 1995 law to a 1993 case.

“You can’t make a substantive change retroactively if the retroactive move would be to the defendant’s detriment,” said longtime Ventura County prosecutor Pete Kasoris.

Castillo was arrested Tuesday at his Santa Paula home after police investigated a tip from a source who said the alleged gang member was responsible for the death of Strobel, a 17-year-old junior at Ventura High School.

Strobel was walking home about 10 p.m. on Jan. 29, 1993, after working a shift at his father’s Pierpont pizzeria when he was confronted by a group of men intent on robbing him, according to police. Strobel fought back until someone--authorities say Castillo--pulled out a knife and stabbed him in the chest.

Castillo is also a suspect in a botched June 1998 robbery attempt at Junior’s Market in Santa Paula. In that case, 25-year-old Mirna Regollar was fatally shot in the head and chest. A friend of Castillo’s, Alfredo Hernandez, 21, of Santa Paula, was also arrested Tuesday in connection with that slaying. Police believe Castillo participated in the robbery.

Despite the restrictions of the 1993 law, prosecutors still have some options in getting Castillo, a Santa Paula High School dropout, tried as an adult, said Robert Pugsley, professor of criminal law at Southwestern University.

Although the crime was committed in 1993, it is significant that the arrest and indictment occurred in 1999, Pugsley said. Additionally, prosecutors can argue that Castillo is unfit to be in a juvenile system because of his current age and the severity of the crime.

“It is a procedural question,” Pugsley said. “How would the suspect be better served: in the juvenile court with its services, or in the adult court? It seems to me that a very strong case could be made by the district attorney’s office that it could be brought out of juvenile court . . . because murder is a factor.”

If prosecutors fail in their attempt to try Castillo as an adult, a conviction would mean he would serve his time in the California Youth Authority. And because juvenile offenders can only be incarcerated until age 25, the 21-year-old Castillo would be eligible for release after four years.

Prosecutors have the option, however, of petitioning the youth authority before the release of a 25-year-old inmate, Kasoris said. If they believe the inmate is still dangerous or is not remorseful, prosecutors can argue to extend the sentence another year. Prosecutors can make such an appeal annually until the inmate is released.

“There are several issues involved in a juvenile case,” Kasoris said. “But at some point, you have to say, ‘Shouldn’t the time they serve be commensurate with the crime they committed?”

Even if Castillo remains in Juvenile Court, he could still be tried as an adult if he is charged with participating in the Regollar slaying. In that case, both Hernandez and Castillo could face the death penalty because the slaying was committed during the course of a robbery.

Castillo appeared in Juvenile Court Thursday to enter a plea to charges of murder in the course of an attempted robbery and use of a deadly weapon. Castillo also had to answer to a probation violation for failing to pay a fine for a 1997 drunk-driving conviction. But the arraignment was rescheduled to May 21 to give attorneys more time to review evidence.

More than a dozen friends and family members of Strobel, the slain football player, filled the small Ventura County courtroom. Outside of court, moments after seeing the man accused of killing their loved one, the group hugged one another, while some cried.

Strobel’s grandfather said the family no longer felt vengeful toward Castillo and for that reason, he said, it did not matter whether Castillo is tried as a juvenile or an adult.

“I’m not after the death penalty here,” John Strobel III said. “I came, and my wife came, a long time ago to a place of forgiveness. Nothing is going to bring Jesse back now, anyway. That’s the way we feel.”

Jesse Strobel’s father, John Strobel IV, said he was content to let the prosecutors handle the case, regardless of which court, juvenile or adult, the case landed in.

“It’s totally in the court’s hands,” he said. “The district attorney is doing a good job. We need to let them handle it and stay out of their way.”

Times staff writer Catherine Saillant contributed to this story.