Tuesday, April 2, 2013

Victim's story emerges in Olivenhain shooting

Comments posted by a gmail address that appears to be legitimately connected to John Upton's brother:

1actuator@gmail.
1 hour agoMy brother was unarmed. He was shot in the abdomen then while face down on the ground he was shot execution style in the back of his head. The so called "arguement" last week was actually a set up by the murderer who called the police on a peace keeping mission while my brother was sleeping... Premeditated "state of mind" alibi ? There are two eyewitnesses to the FIRST DEGREE MURDER

1actuator@gmail.
1 hour ago@the illegal... your relative ( the murderer ) was a person that people intentionally avoided in the neighborhood. Know for bizarre behavior ,leering and peeping into people's homes ( that's why he liked to chop bushes down around there fences.) Vilkin will never get out of jail and after he dies he will be judged. You're a real piece of work

HT: DV

26 comments:

  1. I disagree. Not saying anything about the events of that terrible day, but Mr. Vilkin was always very nice and let neighbors use his land to park or walk. The other neighbors I have talked to have never mentioned anything out of the ordinary about his behavior. Again, this does not change anything about what actually happened and I see that he has been charged and no gun was found on Mr. Upton according to news reports. It just seems like the poster is pushing an agenda - if it truly is Mr. Uptons's brother I can't blame him after a what seems like a senseless tragedy.

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  2. As stated before, vilkin had been invading space and conducting illegal dumps and fires on the property. If he was calm it was his calculating psychosis that allowed this demeaner

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  3. Vilkin is a monster! Annoying,imposing and ridiculous. There isn't anything nice about him. He's a cockroach of a man.

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    1. if, as reported above, Mr. Upton was shot in the back of the head, after being shot in the stomach, and was lying on the ground, face down, at the time of the shot to the back of the head, this monster will spend the rest of his life properly caged like the wild animal he is. Add to these egregious facts that he then pointed the gun at the girl friend who was running to aide her lover, and threatened to shoot her too, and I wonder why he should even be allowed to post $5 million bail. No bail for this admitted killer of innocent human life. Those facts do not suggest self defense, and the monster's claim of self defense not only looks preposterous, but horribly insensitive. Self defense my a---! People like this guy are why there should be prisons. There has been some supportive posters for the monster (one in particular) who have tried to drum up a pity party for the monster and heap blame on the victim, but the reasoning employed is just twisted. To all of the monster's friends and supporters, I am sorry for your loss too, but gee whiz your guy cannot do that in this country. There is no defense for that kind of conduct. At 61 he should know to just walk away. Of all his choices in that moment, the monster made the worst possible choice. He didn't walk away and now must pay the price for his indefensible choices.

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    2. No life in prison. Our system has to start ridding the lifers more cost effectively, like a 22 Cal. to the back or side of the head and then let them bleed to death.

      Seem like just punishment and then we don't need to waste our tax dollars on the bottom of the barrel. We can use our taxes for better things like educating our youth. Cut the prison budgets and increase the education budgets.

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  4. interesting find on a survivalist site comment from vilkin
    http://misc.survivalism.narkive.com/cqkopqDL/the-best-way-to-repatriate-mexican-illegals

    Right...We will continue to talk... Mexican cockroaches will continue
    to come...Nothing will change.
    Until, of course, Mexicans start to burn this country, and Amexico
    falls apart.

    Buy assault weapons!
    Civil war is coming!

    --Michael Vilkin

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  5. Fascism was created in Italy. Mussolini organized workers to resist
    communist ideology.
    I belive Mussolini was right to kill communists.
    I'm a Mussolini type fascist, and I see nothing wrong about it.

    If you were in Italy at that time, who would you join - fascists or
    communists?

    Commies should be rounded up. And, no, I'm not a Republican.

    Folks, buy assault weapons. It's time clean up this country from
    commies.

    --Michael Vilkin

    I have a dream to put the Rats to work. Work will make you free

    http://alt.politics.bush.narkive.com/YcvCAlDG/a-final-solution-for-poverty-vilkin-theory

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  6. No life in prison. Our system has to start ridding the lifers more cost effectively, like a 22 Cal. to the back or side of the head and then let them bleed to death.

    Seem like just punishment and then we don't need to waste our tax dollars on the bottom of the barrel. We can use our taxes for better things like educating our youth. Cut the prison budgets and increase the education budgets.

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  7. This comment has been removed by the author.

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  8. 6:57
    Ya know what? I used to feel the same way you do about lifers convicted of murder. Then I saw how the judicial system (at least in San Diego) gets away with framing an innocent person from time to time. Not always, but picture yourself as the main alibi witness in a murder case, and you're told you'll take the stand at trial - only to later learn you were never going to be called at all in an effort to cover the defendant's whole side of the story up - and it was a trick to keep you quiet during trial as a prosecutor and court appointed "defense" lawyer sent a defendant down the river, culminating in a 26 to life sentence for a crime they never committed, you no doubt would begin to feel oh so differently about the death penalty. Really.

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  9. The judicial $y$tem is a game that doesn't always dispense "justice". People are set up all the time. In the case of this Rooskie, I don't see what would be covered up if no second weapon was found. Using a 44 mag just becasue an individual is approaching is a bit too preemptive - ever heard of 'warning' shots?

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    1. micheal gave a warning many times....stay the heck off someones land if your not welcome

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  10. Fred, I completely agree with you. I'm not familiar with the specific case you mention, but there have been multiple ones in the news just this year of people being proven innocent after multiple years of incarceration. It's disturbing.

    Whatever the case, I'll definitely be following this story. Yet another bizarre event in our town. Good grief!

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  11. I completely agree with Fred and Rob. Just look at all the completely innocent people freed from death row by the Innocence Project.

    The court system can be as corrupt as city hall.

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  12. Thanks Rob n' W.C..
    The trial I refered to took place in San Diego in 1995 - Five years after a cold case murder that had too many suspects to be bothered with. It was the People vs Cheri Lynn Dale, my little sister, who happens to be innocent and happens to be in her 18th year of incarceration for a 26 to life sentence for a crime she did not do. And I don't say that lightly. I was with her at home that morning and was her main alibi witness tricked into not taking the stand at trial.
    Joe Deegan who writes for the City Lights section of The San Diego READER did an excellent account of her story on March 10, 2005: "Is Cheri and Axe Murderer?" But soon the editor recieved a phone call from someone threating a lawsuit if they did not remove the story from their online archives. You'd think the last person to request that would be her court appointed trial lawyer, huh?
    I'll spare the folks who already know the story from me repeating it, so stop by my shop some weekend (anyone else)and ask for a copy.
    The Innocence Project just completed their review of Cheri's case 2 months ago. They visited her in person in prison. They were all fully convinced she is innocent. But because they couldn't find any DNA from the scant evidence from the poorly preserved crime scene, they couldn't find anyone's DNA besides the victim's and therefore could not help her (nor could they impugne her) in any way. I hate to tell this story because it only makes people feel bad and I know up front there's nothing anyone can do to help. Believe me when I tell you nearly half of our time is still spent trying to reverse this wrongful conviction.
    On another note, I met the arresting officer's sister last week. She cut my hair (what's left). Really sweet woman. She had contacted us to let us know she and her whole family believe Cheri is innocent and that her brother (deceased) had lied to get her convicted. That took a lot of guts. We know there's nothing she can do to help either, but the gesture is greatly appreciated. But no, even at it's worst, City Hall can't hold a candle to robbing someone's freedom for 26 to life.

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  13. For the record though, I'm not padding Vilkin's case. But when you've experienced the lenghts some zealous prosecutors will go to to get a conviction, you realize a lot non truth can be published thats never corrected. I went to Jane Dorotik's murder trial. During jury selection, one juror said "If she's done what I've read in the paper, she's guilty as sin!" and the judge failed to excuse the impartial juror.

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  14. ok. I think we can all agree that mis-carriages of justice periodically occur in our imperfect system of justice. Hopefully, we can all agree that just because periodic mis-carriages of justice occur, it does not automatically follow that Mr. Vilkin is being "falsely accused" or that he won't get a fair shake by the system. I think it is far safer to observe that he will "probably" get a fair opportunity to present his side of this story, and that he is currently being charged with a crime seems truly warranted under the fact presented, even taking into consideration his side of the story as presented to the media in televised interviews. Mr. Vilkin openly admits shooting the victim twice--once in the stomach and once in the head--those are Mr. Vilkin's own words, not some trumped up law enforcement official's spin. So now the only question is why? Was it self defense? It seems like Mr. Vilkin is going to be afforded a full opportunity to present his theory or theories of self defense, and in making that choice, risk all the potentially negative consequences that come with that choice.

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  15. Fred, I have read your posts all over the Internet, including YouTube, Yelp, etc....Are you her brother or step-father?
    On YouTube and elsewhere you say step-father (years ago), but now you keep saying brother. What gives?

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  16. when is the verdict coming out?

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  17. 9:18
    I'm Cheri's step-brother. My father Charles is her step-father. We have both written articles about the case as we were both with Cheri on the day Susan Taylor was killed - so it's understandable some may mix us up if they think I was the only witness to Cheri's whereabouts that day. But thanks for reading the posts. There is much to be learned from them including a: Don't use drugs or associate with those who do. b: Request a lawyer to be with you at the slightest hint of being interrogated. c: Get a second opiniion if you are unhappy with your lawyer. d. Record what your lawyer tells you. e: stay vocal with the press if you're innocent. Few things are as valuable as free speech. Snubbing reporters makes you look (and feel) like your trying to hide something and a lot of lawyers want their clients silent for whatever reason.


    7:10
    The verdict was "guilty" in 1995. The jury based their conclusion on "Cheri's statement alone" - that she said she went to Lisa Stanton's house on 1-25-90. But her court appointed lawyer never told her jury that statement was a complete fabrication and nowhere to be found in her interviews. Additionally, there was no DNA, fingerprints, eye-witnesses, opportunity or transportation for her to get to the scene. Just a lot of misinformation that was never challenged - or when it was challenged, we were not found credible simply because "we're family members - or "classic alibi witnesses". So if you're ever a murder suspect, be sure you're with a stranger at the time of the murder. It carries more weight with some judges in San Diego.

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  18. what is taking so long for the case to go to trial?

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  19. I had the pleasure of spending 30 days with Mr. Villcin a few months ago. in that time found him to be honest, generous and kind. Mr. Villcin and his wife where bullied for quite some time. Mr. Villcin kept to himself got a NBA in economics is a published writer and is a very intelligent man. he was also a very scared man, scared for him and his wife. Mr. Upton and Mr. Bonano (the land owner) used scare tactics and threats to get what they wanted which was access to land that wasn't theirs and I believe mr,vilken when he says he was allowing mr upton more than I felt he deserved but micheal is a fair and understanding man.as most are one would like to think but apparently john and the land owner are and were not. Micheal is no threat to anyone he and his wife like to stay home and enjoy the company of eachother and who can blame them look at the problems they consistently had in their own yard with the people our good Lord says to love and welcome...I pray for him and his wife. They came here from Georgia to have a better life be successful and enjoy themselves ...their is always two sides to the coin micheals is a scares protective peaceful clean side and johns and the land owner are bullies who are used to getting their way and are on the dirty side micheal and his wife were victimized and that is a fact so when is enough enough???? if someone or some people threaten my family with harm and intimidate and worry my family I would arm myself and protect my family and land by any means ...dead or alive ...we live in America ...go to Nevada steal a horse your liable to get hung ...but there are no horse thieves...my prayers are with you micheal and youll be home soon...the recipes you gave me were delicious I miss you cant say I miss the bed though ..haha

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    1. Interesting all of the comments in support of the murderer are from "Anonymous" the eye witnesses testified that Vilkin was never threatened or bullied. In fact, Vilkin (like the Coward and Rat he is) was hiding in the bushes waiting to ambush my brother. Him and his defense lawyer aren't obligated to tell the truth…The Rat will never take the stand …in a few weeks all of this will be history and Vilkins supporters can visit him in the State pen.

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    2. Hey Anonymous---what a bunch of nonsense. The accused had so many choices that day, and he made the worst possible choice. As a result of that choice, the accused has been caged like an animal since the day of the crime. He lost his freedom, and I believe that loss will be permanent. Rightly so, too. If he has not lost the property either to attorney's fees or through a foreclosure, he will soon enough. So now, as a result of his idiotic choices, the desire to clear brush in the area in question is a moot point.

      Back to the permanent loss of freedom, society cannot risk having guys like the accused walk around free with the kind of mentality you espouse. A guy like the accused, with his twisted, demented thinking and reasoning processes, belongs in a cage like the beast he is. He may look and act like a human, but that is just an outer shell. Beneath that shell is a creepy person that would take out a 44 and shoot twice an unarmed man--and the second shot, to the head, was when the unarmed man was falling defenseless to the ground after being shot the first time. Sorry anonymous, do not buy this self defense claim. It smells.

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