Man Sentenced For 2012 Monte Sereno Murder Denied Motion For New Trial

SANTA CLARA COUNTY, CA – A 25-year-old man was sentenced today to life in prison for a murder during a home invasion robbery in Monte Sereno about four years ago.

DeAngelo Austin will serve life in prison without the possibility of parole for the death of 66-year-old Ravinder "Ravi" Kumra during the course of a robbery on Nov. 30, 2012, at the victim's large estate.

In June, Austin was convicted of first-degree murder, assault with a deadly weapon, robbery in concert, criminal threats and false imprisonment.

In addition to the life sentence, he was also sentenced today to sentences of 30 years to life as well as 36 years and four months for the other charges. Those sentences must be served consecutively with the life
sentence.

Santa Clara County Superior Court Judge Ronald Toff imposed the sentence on Austin, who appeared in a red jail uniform during a hearing this morning at the Hall of Justice in San Jose.

After the sentence was read, Austin asked Tuff if life without parole meant he would die in prison. The judge replied that he would. During the break-in, Austin tied up Kumra's wife in a bedroom and brought her into a kitchen where she was tied up with her husband, whose mouth was covered with tape, Toff said.

The woman told the robbers that her husband suffered from a severe heart condition, but they continued to ransack the home, Tuff said. Tuff denied a motion for a new trial filed by defense attorney Chuck Smith that challenged Austin's special circumstance conviction of murder in commission of a robbery.

After today's hearing, Chuck Smith said he filed the motion based on a California Supreme Court ruling made in June in an Orange County murder case.

Austin was a major participant in the crime, but didn't act with "reckless indifference to human life," which is one of the criteria for the special circumstance conviction, Smith said.

In the Orange County case, the defendant, William Clinton Clark, was cleared of special circumstance convictions that he carried out the murder during the commission of a burglary and murder during the commission of a robbery, according to the state Supreme Court's decision.

Clark knew one of his associates had a gun that could be used during the course of the crime, but it wasn't enough to show he had "reckless indifference to human life," Smith said.

The defense attorney had argued that there were no guns or deadly weapons used during the Monte Sereno home invasion robbery. Austin wasn't aware of Kumra's medical condition and had no intention to kill him, Smith said.

If the court had agreed with Smith's argument, Austin would've faced 45 years to life in prison and had a chance to leave prison in his 60s, according to the defense attorney.

"The case was indefensible. The evidence was unbelievably strong but I wanted to at least see if he could have a chance in his old age to walk as a free man," Smith said.

The defense attorney said he plans to appeal the court's decision on the special circumstance conviction.

Austin committed the crimes with two other men, Javier Garcia and Marcellous Drummer, who have already been sentenced in the case.

Another defendant, Katrina Fritz, was a former prostitute who provided services for Kumra and helped the robbers gain access to his home, Santa Clara County Deputy District Attorney Kevin Smith said.

Fritz became a cooperating witness after negotiating a plea deal to testify against the three men and will be sentenced in late November or early December, Kevin Smith said.

Investigators are still seeking other people they believe were involved in the extensively planned crime that involved getaway drivers, according to Kevin Smith.

"We value the judge's sentence as well as the jury's verdict, but we'll continue to work to see if we can put everyone involved in this crime behind bars," Kevin Smith said.

• Also see: Woman, 89, Man, 68, Dead In Apparent Murder-Suicide In Santa Clara Co.

Previous case coverage:

• Man Sentenced For 2012 Home-Invasion Robbery, Murder In Monte Sereno
• 2 Convicted Of Killing Monte Sereno Man In 2012
• Kumra Murder Trial: Ex-Wife of Murdered Monte Sereno Man Gives Emotional Testimony About Nightmarish Home Invasion
• Kumra Murder Trial: Former Prostitute Claims Defendant Implicated Himself Numerous Times
• Kumra Muder Trial: Jailed Ex-Prostitute Testifies Against Brother Charged in Murder of Monte Sereno Man.
• Prosecution, Defense Give Opening Trial Statements in 2012 Murder of Saratoga Winery Owner.
• Los Gatos-Monte Sereno Police Testify Regarding Evidence In Home Invasion Murder.
• Kumra Murder: Dixon Has New Attorney, Brother, Sister Join 2 Other Defendants.

--Bay City News/Photo via Dave Colby