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Jamul Contractor Found Not Guilty In Fatal Shooting

POSTED: 12:48 pm PST March 3, 2008
UPDATED: 6:31 pm PST March 4, 2008

A Jamul resident who fatally shot one of three men he suspected of trying to steal copper from his property was acquitted Tuesday of murder and other charges.

Joseph Robert "Bob" Orlosky, a 56-year-old electrical contractor, stared mostly straight ahead as jurors found him not guilty of murder in the Dec. 1, 2006, death of 23-year-old Charles Crow.

After a six-week trial and 3 1/2 days of deliberations at the El Cajon Courthouse, the jury also acquitted Orlosky of two counts of attempted murder.

Deputy District Attorney Jeff Dusek told Judge Louis Hanoian that unresolved counts against Orlosky would be retried, including lesser included offenses such as voluntary manslaughter and shooting into an occupied vehicle.

Hector Monget, who was riding in a Jeep with Crow and driver David Hurley Jr., was wounded in the elbow. Hurley was not hit.

"He murdered our son. He murdered him in cold blood," Crow's mother screamed as family members poured into the hallway outside the courtroom.

"It's terrible," Orlosky said as he exited, refusing further comment.

His older sister, Dana Rosas, blamed law enforcement for not coming down harder on thieves and trespassers on Orlosky's rural property.

"This wouldn't have happened if the sheriff had done something about this a long time ago," Rosas told reporters. "He was just trying to protect his family."

Rosas said Orlosky and his children have been threatened, and she fears he'll be killed.

Sheriff's Detective Brian Jenkins testified that Orlosky had made frequent calls to the Sheriff's Department, by either dialing 911 or a non-emergency number, to report trespassers since 2003.

About two weeks before Crow was killed, three people were arrested for attempting to burglarize the property, Jenkins said.

The detective said Orlosky has considerable construction equipment on the property, but no copper thefts have been reported in the area in the past five years.

Jenkins also said there was no evidence that Crow, Hurley and Monget were trying to steal property when Orlosky shot at their vehicle.

Hurley and Monget testified that they drove up a lonely dirt road called Wisecarver Truck Trail the night of the shooting looking for real estate to buy. Both Hurley and Crow were interested in buying houses, they said.

Monget denied they were there to steal copper, which has drastically risen in value in recent years.

They passed a white pickup truck, and after they turned around, noticed it was backed into some bushes, leading them to think the driver might be stuck, Hurley testified.

Hurley said he slowed down to see if the driver needed help, but he opened fire.

Orlosky said he fired because the Jeep was coming right at him.

He said that in the years leading up to the shooting, he had lost about $80,000 through thefts. Orlosky said he bought his rifle seven to eight years ago for "defensive purposes."

A status conference was scheduled for March 21.


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