Kylie Jenner's Convicted Stalker To Be Charged In Cellmate Death

WESTMINSTER, CA — Orange County prosecutors announced Tuesday they have found no evidence to prove that anyone in the Orange County Sheriff's Department should face charges for the in-custody death of a 27-year-old man who was just a week away from completing a jail sentence for joyriding.

Danny Viet Pham of Westminster was found dead in his cell last July 3. Prosecutors now say they are pursuing charges against Pham's cellmate, Marvin Magallanes, Senior Assistant District Attorney Ebrahim Baytieh wrote in the "in custody death" letter to Sheriff Sandra Hutchens.

Magallenes is currently facing charges of killing two transients and was previously convicted of attempting to drive a car through the security gate at the home of Kylie Jenner.

Due to the pending murder case against Magallanes, prosecutors did not detail why they came to the conclusion that no one could be charged at this time in Pham's death. The letter leaves open the possibility that prosecutors could still pursue charges if more evidence surfaces.

The hang-up in filing a third murder charge against Magallanes is owed to his legal status in the two other murder cases. He is in the process of being reviewed by psychiatric experts to determine if he is mentally competent to assist his defense attorneys.

Attorney Michael Guisti, who is representing the Pham family, has filed a claim -- a precursor to a lawsuit -- against the county. He criticized the decision not to file charges.

"I think it's plain from all the facts that the actions of the sheriff's department in putting Danny Pham with Magallanes in the first place was ... going to undoubtedly lead to Danny Pham's death," Guisti said. "The DA has not even mentioned that Danny Pham's demise began the moment he was placed in a cell with Magallanes, so I can't put any credibility in the DA's letter. And it brings no closure whatsoever to Danny Pham's family, and we will proceed with our litigation."

City News Service stated a source said there is a four-hour gap in the time Pham's cell was not checked, though deputy logs indicate the routine checks of Pham's cell were done.

Sheriff's officials last July said five sheriff's employees were placed on administrative leave amid an internal probe of Pham's death. It was not immediately clear if that probe has been completed.

A source said there is a four-hour gap in the time Pham's cell was not checked, though deputy logs indicate the routine checks of Pham's cell were done.

Magallanes, who is charged with the stabbing deaths of 52-year-old Onosai Tavita and 49-year-old Sabah Alsaad in Anaheim, was additionally charged in November with attacking an Orange County sheriff's deputy while in custody.

The alleged fight with the deputy happened about 4 a.m. last June 4 while the defendant was housed in a mental health module, sheriff's officials said. When Magallanes was ordered to put his feet under a chair, he allegedly jumped up and began punching the deputy.

Related:

Kylie Jenner's Gate Crasher Up For Murder Charges

Westminster Joyrider Dead In Cell One Week Before Freedom; Family Wants Answers

City News Service contributed to this report.

Anaheim Police Photo