Hayward Woman Charged with Murder Pleads No Contest to Lesser Charge

A Hayward woman who was charged with murder for the shooting death of her brother during an alleged home invasion robbery in February pleaded no contest earlier this week to the lesser charge of felony burglary and will be placed on probation, her attorney said. Anamarie Olachea, 27, had been charged with murder for the death of her brother, 25-year-old Michael Olachea, at a home in the 21000 block of Western Boulevard at about 5:30 p.m. on Feb. 9.

She was charged under the provocative act doctrine, which holds accomplices responsible when a homicide occurs during the commission of another crime. Anamarie Olachea’s lawyer, Ernie Castillo, said police and prosecutors believed that her brother was killed in a home invasion robbery and she had been part of the crime. But Castillo said he believes the shooting occurred during a drug deal that went wrong.

“I believe that there was a fight and then a shooting but the district attorney saw it differently,” Castillo said. Alameda County District Attorney spokeswoman Teresa Drenick couldn’t be reached for comment today. Hayward police Sgt. Eric Melendez said shortly after the incident that police believe Michael Olachea was fatally shot by the homeowner in the 21000 block of Western Boulevard after Olachea, his sister and another woman had broken into the home, Melendez said.

The homeowner then shot Olachea and his sister, according to Melendez. Castillo said he doesn’t believe the homeowner’s version of what happened at his house and he thinks, “There’s no viable theory of murder for Anamarie Olachea.” He said the plea agreement that was reached in the courtroom of Alameda County Superior Court Judge Dan Grimmer today “is a fair resolution of this case.”

When Olachea is sentenced by Grimmer on Jan. 26, she will be placed on five years’ probation with credit for the nearly one year she has served in custody and be released, Castillo said. Anamarie Olachea tried to stop the homeowner from shooting her brother and after the homeowner shot her brother he shot her in the chest, according to Castillo. Olachea collapsed in the street after she was shot and “is lucky to be alive,” Castillo said. Olachea is still recovering from her wounds and has suffered “tremendous pain,” he said.

By Bay City News