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Man Acquitted In Fatal Shooting Faces Retrial

POSTED: 2:09 pm PDT March 21, 2008
UPDATED: 2:27 pm PDT March 21, 2008

A Jamul electrical contractor who was acquitted of murder and attempted murder in the fatal shooting one of three young men he suspected were trying to steal copper from his property will be retried on lesser charges this fall, a judge ruled Friday.

Judge Louis Hanoian set an Oct. 14 trial date for Joseph Robert "Bob" Orlosky, 56, and ordered him to stand trial on one count of voluntary manslaughter, two counts of attempted voluntary manslaughter and a charge of shooting into an occupied vehicle.

The judge also set a motions hearing for May 14.

Earlier this month, a jury deliberated three and a half days before acquitting Orlosky of the murder and attempted murder charges stemming from the Dec. 1, 2006, slaying of 23-year-old Charles "Chuck" Crow and wounding of Hector Monget.

The jurors were unable to agree on lesser charges, however.

During his six-week trial at the El Cajon Courthouse, Orlosky testified that he'd been plagued by thefts of equipment that he stores on his property. Three people were arrested just a few weeks before the shooting happened.

Copper thefts have become commonplace in the past few years because the metal's value has skyrocketed.

A young man with Crow and Monget that night, David Hurley Jr., testified that he and his two friends were investigating real estate signs they saw on the Wisecarver truck trail. He and Crow were both interested in buying property, he said.

Orlosky said he tried to block their vehicle from leaving, and he fired when he feared he would be run over. Hurley said they were wondering if Orlosky's truck was broken down and were debating whether to offer help.

Crow was shot in the head and died. Monget was wounded in the shoulder. Hurley, who was driving, escaped injury.

Sheriff's Detective Brian Jenkins testified that no evidence was found in the victims' vehicle that indicated they planned to steal anything that night.

The acquittals caused an emotional outburst in the audience.

"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 left after the verdict was read.

The defendant's sister, Dana Rosas, told reporters that the shooting wouldn't have happened if the Sheriff's Department had been able to protect the Orlosky family.

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Section: Holidays