A young man who was convicted of killing the “Incense Man” who sold scented sticks in Ocean Beach in 2017 was sentenced Friday, Aug. 23 to 15 years to life in state prison.
Noah Mitchell Jackson, now 21, of Ocean Beach, said nothing before he was sentenced for second-degree murder in the June 22, 2017, death of Walter (Ras) Riley, 65, who was stabbed five times in the 1900 block of Bacon Street.
San Diego Superior Court Judge Michael Groch decided not to impose a consecutive one-year term to the sentence for the use of a knife in a homicide. Jackson, who wore jail clothes and was handcuffed in a chair, waved goodbye to his family members in the audience afterwards.
Groch ordered Jackson to pay $700 in burial costs for Riley, who was homeless and sold sticks of incense on Newport Avenue and also at the weekly OB Farmers Market.
Jackson’s attorney, Eugene Iredale, made a motion for a new trial, saying the judge should have read an instruction for voluntary manslaughter to the jury, which convicted him of second-degree murder on May 31 after 11 hours of deliberations over three days.
Groch denied the motion, saying “the jury’s decision was very well founded.” The judge also said Jackson had “a full and fair trial.” Groch also turned down a motion by Iredale seeking a judgement of acquittal of second-degree murder.
Deputy District Attorney Michael Reilly noted the jury acquitted Jackson of first-degree murder. He quoted Jackson calling someone that night, saying he wanted to go out and “(expletive) someone.”
Iredale then made a plea for probation, saying his client would be “highly successful on probation.” He acknowledged there were “unusual circumstances” in the case, and noted Jackson had no prior offenses.
Witnesses said Jackson’s girlfriend broke up with him the same night Riley was killed. He was reported to be despondent and under the influence. Iredale said his client was like a character from the “romantic love” story of “Romeo and Juliet.” 
“Romeo and Juliet were not drug users,” said the judge in response.
Iredale said Jackson had heroin, a tranquilizer, and other drugs in his system that night and that he had “a history of substance abuse at a very early age.”
“Probation is denied in light of the conduct, provocation,” said Groch.
The judge gave Jackson credit for serving 550 days in jail since his arrest. Jackson may not be paroled until he is middle aged or possibly elderly.
Iredale told the judge he would be filing appeal papers. The defense attorney argued at trial that photos of a man wearing a grey sweatshirt and hoodie and walking quickly in the area were not of Jackson and that someone else killed Riley.
A sweatshirt and hoodie actually was found the next morning on a newspaper box for the Peninsula Beacon at 1868 Bacon St. A crime lab worker testified that Jackson’s DNA was not found on it and that a woman last wore the sweatshirt. .