By CHERYL ROMANO/YachatsNews
The man accused of killing former Yachats resident Martin “Marty” Baker has been found guilty of second-degree murder.
Less than three hours after closing arguments were made Feb. 1 in San Diego County Superior Court, a jury returned the guilty verdict against Eugene “Gene” Focarelli, 39.
The charge stemmed from a February 2021 beating of Baker, a formerly homeless man who found shelter and friendship through Yachats Community Presbyterian Church. Baker, 49, died a few days after the attack in his hometown of Borrego Springs, Calif., a small community northeast of San Diego. Sentencing is scheduled for March 16.
“We’re really pleased with the verdict; the jurors did the right thing,” said deputy district attorney Kim Coulter, who tried the case with Cherie Somerville.
Coulter said Focarelli knew Baker from when the homeless man visited a pizza restaurant where Focarelli worked. Baker told investigators before he died that Focarelli had asked him to leave the restaurant before the beating, but that his assailant later accosted and started attacking him. Coulter said it was the start of a violent six-day spree by Focarelli during which there were other assaults.
Focarelli could face a maximum prison term of 35 years to life. Another 11 years and four months could be added to his sentence for additional, related crimes to which he pleaded guilty before the trial, including harm/death of an elder, battery and vandalism.
Those terms are double the usual sentences because Focarelli has one “strike” already — a first-degree burglary conviction from 2003. Under California’s “three strikes” sentencing law, a “second striker” (which Focarelli now is), can get the same doubled sentence as someone convicted of three violent or serious felonies.
Focarelli testified in his trial, Coulter said, arguing self-defense. But it took just 2½ hours for the jury to reach its verdict.
Focarelli’s reaction? “There was no outburst; he sat there looking straight ahead,” the deputy district attorney said.
Body camera testimony
Baker “was able to speak to the jurors,” Coulter said, because just after the attack a San Diego County sheriff’s deputy wearing a body camera recorded Baker, who regained consciousness long enough to identify his attacker on camera.
When the jurors were shown the footage, Coulter said, “That was pretty powerful. You could tell they were upset and traumatized by what had happened.”
The trial lasted five days. One of Baker’s sisters, Sarah Ventresca of Long Beach, Calif., was in the courtroom every day.
“It was so important for me to be there,” she told YachatsNews. “I had to be there to represent Marty and represent our family.”
Watching the body camera footage was, of course, “very painful for me … he had very serious injuries, yet he was able to be so composed, and so calm. I was so very proud of him.”
Baker’s mother, Dolores Van Dyke of St. Petersburg, Fla., suffered a stroke Jan. 1, and was unable to attend the trial. Ventresca said family members avoided mentioning the trial while it was under way, mindful of how it might affect her.
“I told her the day after the verdict,” Ventresca said. “She got very emotional. Afterward, she said ‘Hallelujah!’”
Ventresca praised Coulter for being “so absolutely diligent; we’re so grateful that they (Coulter and Somerville) were fighting for Marty and for justice.”
Although Coulter moved to the San Diego County Juvenile Division while the Baker case worked its way through the legal system, she retained her lead prosecutor’s role.
“For two years I’ve had this case; my whole life shut down,” she said. After the verdict she took a few days off and celebrated with her family. “We definitely had champagne.”
Vulnerable victims not forgotten
Coulter said she believed Focarelli thought no one would care about Baker’s death. “In his eyes, Marty was ‘just a homeless guy,’ ” she said.
“The DA’s office cares, his family cares … I don’t think Focarelli thought he would face that,” Coulter said. “When you have a vulnerable victim like Marty, we try to carry it (the case) even harder — they are the victims who can be easily forgotten.”
Baker struggled with mental health issues. He arrived in Yachats in 2017 after bicycling his way from Borrego Springs. He found shelter in a tool shed belonging to a member of the Yachats Presbyterian Church and soon became a fixture around the church, whose members helped him secure government benefits. Ultimately, he moved into a small rental house, got a driver’s license and bought a truck.
But the Covid pandemic left him feeling isolated when the church had to shut down. He returned to his hometown in the summer of 2020.
“Martin transformed this congregation in a pretty profound way,” pastor Bob Barrett told YachatsNews in a 2021 article on Baker. “Our church has long said that ‘All are welcome’… in some ways those were words on a sign before Martin. Now it’s much more of a reality.”
Since then, Barrett, the church and the community have devoted more and more resources to helping those like Baker. Thanks to funds from the county, city and private donors, there are now five temporary emergency shelters anchored to the church’s west parking lot. They stand ready to house up to 10 people in cold, wet weather.
Ventresca said Baker’s family is “eternally grateful” for the help their son and brother received in Yachats.
“We as a family appreciate the support that they showed him, and also to our family during this very difficult time,” she said.
- Cheryl Romano is a Yachats freelance reporter who contributes regularly to YachatsNews.com. She can be reached at Wordsell@gmail.com
Dick Brack says
At the onset, I want to thank YachatsNews for its continued reporting of Martin Baker and providing information to our community about him. He did indeed touch many peoples lives including mine. I needed help with odd jobs around my house and Martin was always there to give it. He was a good man with a giving heart and I feel terrible that his life had to end so tragically and so soon. He really was trying to make a change for the better; just needed more time to make it happen. Thank you YachatsNews for bringing closure to Martin’s life