Attorneys seek reduced charge in fatal Beach Park bat attack
Attorneys for a Beach Park man accused of using an aluminum bat to bludgeon his wife and her son to death plan to seek a reduced charge when the case goes to trial, officials said.
Attorneys Michael Ettinger and Stephen Simonian said Wednesday they intend to introduce an expert witness to show Armando Trejo Jr., 48, should be charged with second-degree murder because the bludgeoning deaths were not premeditated.
Ettinger said after court the expert will testify the crime was committed "in the heat of passion" during an argument with wife, Lailani Uy Trejo, 43, and stepson, Patrick K. Cruz Uy, 14. Therefore, he said, the crime should be classified as second-degree murder.
"The way he is charged now with it being a first-degree murder, it could result in life in prison," Simonian said. "But with second-degree murder, it potentially kicks out that life sentence."
Assistant State's Attorney Eric Kalata requested time to find his own expert witness to dispute the defense testimony. He did not comment outside court.
Trejo remains held in Lake County jail on $5 million bail on two counts of first-degree murder and one count of aggravated battery for killing his wife and stepson Nov. 29, 2015. A third victim - Trejo's 68-year-old mother - was also hit with the bat, authorities said.
Authorities said emergency dispatchers received a call at 2:45 a.m. from Lailani Uy Trejo saying she "needs police" and that "she was dying and she was bleeding." Dispatchers heard several "ping" sounds over the telephone, which officials later learned was the aluminum bat striking her.
Sheriff's deputies arrived at the house on the 10200 block of West Bairstow Avenue and spotted Trejo outside, officials said. While officers spoke with Trejo, his injured mother allowed officers into the house, where they found the victim's bodies, authorities said.
Trejo admitted he bludgeoned his wife with the bat after an argument, then hit his mother when she tried to intervene. Trejo hit his 14-year-old stepson when the boy tried to stop the attack, authorities said.
Each victim was hit multiple times, authorities said. Trejo's father was in the house during the attack, but was not injured or involved.
Trejo is due in court March 28. His trial is scheduled for Oct. 16.