A jury convicted a Normal Heights man of first-degree murder on March 19 in the stabbing death of a intoxicated homeless man at Mission Beach.
Richard James Welk, 47, showed no reaction after hearing the verdict from the six-man, six-woman jury, which deliberated one day before ruling he used premeditation in killing David Fortner, 51, on April 28, 2007.
Welk and Fortner briefly quarreled at the beach near the 700 block of Ventura Place, and Fortner collapsed and never moved again after the knife cut his spinal cord and a key artery in his neck.
Sentencing was set for May 2 by San Diego Superior Court Judge David Gill.
Deputy District Attorney Michael Zachry said Welk faces a sentence of 26 years to life in state prison. Welk did not testify.
Zachry had asked jurors to convict Welk of first-degree murder, but his lawyer, Bruce Kotler, sought acquittal based on self-defense grounds. Kotler also suggested to jurors they could consider a lesser charge, such as voluntary manslaughter, if they felt he was guilty of something.
One juror said afterwards the sly way Welk pulled the knife indicated premeditation to him. A witness testified that Welk once told her that one could use a knife at the back of an attacker’s neck to disable or kill him. Several jurors said Welk didn’t use his fists or wave the knife around to frighten Fortner away.
“He had other options. He had friends there,” said one juror to attorneys in the hallway afterwards. “He had no remorse whatsoever and then he bragged about it later.”
Several jurors said Fortner was too drunk to pose a threat. Many witnesses testified Fortner was staggering and obviously drunk as he carried a boom-box and tried to sing with the music. Zachry presented evidence that Fortner’s blood/alcohol level at death was .26, which is more than three times the legal limit.
Fortner tried to punch Welk several times but kept missing. Witnesses said it looked like Fortner was flapping his arms around. Welk pushed Fortner into his bicycle, and Fortner then took off his jacket and earphones and approached Welk before the defendant pulled the knife and cut him.
The incident took place around 7 p.m., and there were a lot of witnesses around. Several jurors said Welk never asked for help from anyone before killing Fortner. One juror said Welk didn’t even warn Fortner to stay away from him.
“I am surprised they found premeditation,” said Welk’s attorney. “We had argued it was self-defense, pure and simple.”
Jurors asked the judge during deliberations for the definition of premeditation. Gill gave them the definition that was part of the jury instructions he previously read to them.
Kotler said he “will review (court transcripts) to see if there is grounds for a new trial.” Kotler said Fortner tried to choke Welk, but Welk was able to push him away.
During their deliberations, they asked to look at the knife that was believed to have killed Fortner. Zachry said the knife was found at a Normal Heights house where Welk had visited later that night. The knife was wiped clean, but DNA results indicated that Fortner’s blood had been on that knife.
Welk had been seeing a woman at that house and told her and another woman he had stabbed a homeless man on the beach earlier that night. When a television newscast came on about the slaying, Welk reportedly pointed to the TV report and said, “That’s me.” Jurors said they thought that sounded like he was bragging about it.
The other woman at the house called 911, and San Diego police arrived and arrested Welk. They had been looking for him, as a witness wrote down a partial license plate of his truck as he drove away.
Kotler presented a doctor who testified about a chronic medical condition Welk suffered from that stemmed from an accident 13 years ago. Welk broke both his heels and Kotler said he did not have 100 percent use of his feet and legs. Welk can’t stand for long periods of time and can’t run very well, he said. On cross-examination, the doctor said he had not treated Welk in four years.
Jurors said they wondered if Welk had been drinking alcohol before the incident. A witness said Welk consumed one beer. Several jurors said Welk responded too quickly to Fortner and they didn’t believe his ability was impaired.
Welk remains behind bars at the George F. Bailey Detention Facility on $1 million bail.