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Death sentence, convictions overturned from SD County crime spree in 1985

Death sentence, convictions overturned into 1985 murder case in San Diego County
Posted at 5:22 PM, Jan 25, 2023
and last updated 2023-01-25 20:53:52-05

VISTA, Calif. (KGTV) - A North County family is reeling after the murder convictions and the death sentence were overturned for a man found guilty of killing three during a crime spree nearly four decades ago.

December 1985, Gordon Wells, 59, was working in his garage when Billy Ray Waldon came running through his yard in University Heights after fleeing police. Moments later, Gordon was shot dead, one of three killed during a two-week crime spree.

“It is very vivid in my mind the day it happened,” said Gordon's son, Steve Wells,

Months later, Waldon would land on the FBI's Ten Most Wanted list, before he was arrested during a local traffic stop.

Wells and his mother sat through the entire six-month trial, which ended with murder convictions and a death sentence. More than three decades after the verdict, a stunning development played out Monday.

“I felt trampled on,” said Wells.

The California Supreme Court threw out the convictions and death sentence, ruling the trial judge improperly allowed Waldon to represent himself after a previous judge found Waldon had a mental disorder preventing him from realizing the risks of defending himself.

“This indeed is a travesty of justice,” said Wells.

Wells calls the evidence, overwhelming, and says Waldon was more than competent while defending himself.

“Into the trial, he was being assisted by an attorney and there was another lawyer in the courtroom available to him,” said Wells. “I’m extremely aggravated. How can you have trust in system when this is the way they treat us?”

More than a year ago, Wells’ mother, Alice, and Gordon's widow passed away.

“My mom wanted justice. She lived to see the final realization, and that would be the death penalty … That’s why I'm here, fighting for her, fighting for me. The reality is he’s a killer,” said Wells.

Wells says he was told by the CA Attorney General's office, they would appeal the ruling. A spokesperson for the Attorney General's office says they are ‘reviewing the decision.’

A spokesperson with the District Attorney’s Office issued the following statement:

“This is an egregious case that deserves justice. We will promptly begin preparations to determine if we are able to retry this serious case involving multiple murders and sexual assault, while we also evaluate the Court’s decision.”