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SDNews.com
Home Beach & Bay Press

Man gets 40 years for shooting PB?Realtor

Tech by Tech
November 26, 2008
in Beach & Bay Press, News, No Images
Reading Time: 3 mins read
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A Lakeside man who shot and killed a Pacific Beach real estate agent was sentenced to 40 years to life in state prison and fined $10,000 Thursday, Nov. 20. The family of the late James Magot, 64, told a judge about his life and background, which included seven years on the San Diego Zoning Board of Appeals and serving as an elder at La Jolla Presbyterian Church. His daughter said the family would continue to pray for the killer’s soul. “My dad is clearly still alive in us,” said his son, Darren Magot, of Orange County. In contrast, the convicted killer, Michael Ray Jennison, 38, dressed in blue jail clothing, said nothing. He did not explain his motive for the Feb. 1, 2007 slaying before El Cajon Superior Court Judge Allan Preckel imposed sentence. Jennison received 15 years to life for second-degree murder, and Preckel added 25 years for the personal use of a gun in a homicide. Jennison shot James Magot twice in the head after biting him on his arm during an argument about the sale of his Lakeside condo. According to a neighbor who witnessed the shooting, Jennison wanted to sell the condo to the neighbor, where he would get more money, rather than to Magot. James Magot worked at Willis Allen Real Estate in La Jolla for 12 years and previously was a chairman of the Pacific Beach Planning Committee, as he lived in Pacific Beach. He was a certified California Real Estate Appraiser. “I know my father would be one of the first to pray for Michael Jennison. My family will continue to pray for Michael Jennison’s soul,” daughter Dawn Magot said. “My father always had a smile on his face. He was my mentor and was my best friend,” she said. Janet Magot was married to her late husband for 41 years and worked with him. “Jim always put his client’s welfare first,” she said. Janet Magot talked about her husband’s accomplishments and frequently ended each description with the words “Michael Jennison took that away when he murdered Jim.” Jennison’s attorney, Brian White, said his client’s mother died years ago and he never knew his father. Jennison was raised by his mother’s parents, but both of them died in the last few years. The condominium was in his grandmother’s name and it went into foreclosure because Jennison could not make the payments, White said. The probate lawyer for the grandmother’s estate contacted Magot to buy the condo. Jennison had “zero coping skills,” White said, adding “all the wrong things came together at the wrong time. This was a perfect storm.” White said the offense was “out of character for him,” but noted that Jennison lived an isolated life. Preckel said Jennison would have to serve at least 40 years in prison before he could become eligible for parole. He gave him credit for spending the last 654 days in the George Bailey Detention Facility. A jury convicted Jennison on Sept. 9 after two days of deliberations. White asked to reduce the second-degree murder conviction to voluntary manslaughter, saying the shooting occurred during “a rapid argument.” White said his client had paranoia among his psychological problems. “In the court’s view, the evidence overwhelmingly supports the jury’s verdict. This is not a manslaughter case,” Preckel said in denying the motion. White also unsuccessfully sought a new trial over an error the judge admitted making when he accidentally stapled a newspaper story about the trial to jury instructions that were sent into the jury’s deliberations room. The short story noted the judge had suppressed any mention of the presence of guns and money in Jennison’s car when he was arrested in Globe, Ariz. The mistake came to the judge’s attention when the jury asked why they were given a newspaper story about the case. “What happened was … this court’s oversight,” Preckel said. Deputy District Attorney Kristian Trocha said the article itself was not prejudicial, as it was only about the motion to suppress being granted. The murder weapon was never found, but jurors obviously knew from the evidence that he was shot by a gun, Trocha said. Preckel said he has made a full record of the mistake for review by the 4th District Court of Appeals.

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