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Vance Shazier, the MCC member who was murdered in a hotel room in Downtown San Diego  CREDIT: Lee Bowman
san diego
Man admits kicking, punching member of MCC who died
Victim had prison ministry, often helped homeless people
Published Thursday, 04-Jun-2009 in issue 1119
A homeless man who had been staying with a member of the Metropolitan Community Church (MCC) in San Diego confessed to police he beat and kicked him, causing his death, according to court testimony.
Thomas Lee Daniel, 37, was ordered to stand trial for the murder of Vance Shazier, 67, by San Diego Superior Court Judge John Einhorn following a preliminary hearing on May 21.
Shazier was found beaten to death Jan. 14 in the Star Hotel, a residential hotel at 522 Seventh St. in Downtown San Diego.
Shazier had a prison ministry and often helped homeless people.
Daniel met Shazier at a food bank about a month before he was killed and Shazier invited him to live with him to get off the street, said San Diego Police detective Cynthia Munoz.
“He got into a fight with the victim. He struck him once on the left side of his face,” said Munoz. “The victim continued to scream and yell. He kicked him once square in the face.”
Munoz testified that Daniel told him that Shazier quieted down after being kicked. Shazier had difficulty moving after that, and Daniel told the detective he spent the night elsewhere. The next morning he returned and noticed that Shazier was still alive as he had moved to another area of the room. Daniel told the detective he threw water on him and saw him shiver, and then left.
Hotel residents told the manager, Paul Vallidre, they had heard the pair arguing earlier. He said another resident said “Vance had kicked him out.” The manager said he saw Daniel making popcorn in the common kitchen area, and asked him about that.
“Everything was OK and Vance wanted him to stay,” said Vallidre in quoting what Daniel told him.
Vallidre said he wanted to talk with Shazier, but Daniel told him he was asleep and to come back later.
However, Daniel approached the manager later and told him Shazier was dead. Vallidre said he went into the cluttered room and found a disturbing scene. Shazier was clad only in a long sleeve shirt.
“I see Vance on the floor, and he was obviously dead, so I called 911,” said Vallidre.
First to arrive were paramedics, and Michael Thomas, a firefighter, confirmed that Shazier was dead. Daniel was still there, and Thomas recalled talking to him. “He told us he had been in a fight with the patient,” said Thomas.
Thomas said he asked Daniel if he had hit the victim, and Daniel replied, “oh, yeah.” He said Daniel was calm, but acted confused.
Daniel remained at the scene after police arrived, and he agreed to talk with them. He was later arrested after being interviewed.
Dr. Craig Nelson, a deputy medical examiner, said he noticed a large contusion on Shazier’s face. He performed an autopsy and said Shazier had brain damage. The cause of death was “blunt force trauma” to the head. He said Shazier’s brain had been bruised and swelled, causing internal bleeding.
Nelson said Shazier had severe blockage of his arteries to the heart, but a heart attack was ruled out. He said Shazier also had diabetes. He said Shazier had many bruises and scrapes on his chest, arms, and legs.
Vallidre recalled when Daniel first moved in with Shazier but it was only going to be temporary. “Vance said he was not going to stay long. He wasn’t there every day,” said the manager. Daniel needed an address where he could receive a package in the mail, he said.
Munoz said Daniel said he had not used alcohol or drugs before the incident. She said Daniel claimed he had oral sex twice with Shazier.
“He said it was wrong to hit or kick the victim,” Munoz added.
She said Daniel claimed to have been “possessed” by something, and that Daniel added he “didn’t like to be messed with.” She said Daniel also told her he had heard voices in the past.
Daniel’s attorney, Zaki Zehawi, argued the murder charge should be dismissed, saying the prosecution had not proved that a murder occurred. He unsuccessfully urged the judge to reduce the charge to manslaughter.
“At best this is an altercation. One punch and one kick was administered, which unfortunately led to his death,” said Zehawi.
“This is a murder case. This is not a self-defense case,” said Deputy District Attorney Jessica Schuster, noting that Daniel was 30 years younger than the victim.
“He kicked the victim in the head as hard as he could,” said Schuster.
Daniel reacted to the prosecutor’s words, and asked if he could respond to “all the lies” he heard in court. “Nobody’s told me how serious this is,” said Daniel.
Zehawi told his client not to say anything more and quieted him down before the judge ordered him to stand trial for murder.
Daniel plead not guilty and a trial date was set for Sept. 3.
He waived his right to have a speedy trial. He remains in the George Bailey Detention Facility on $1 million bail.
Trailing the murder case are three misdemeanor battery cases against Daniel. He had been placed on probation for all three separate offenses, but his probation was revoked after he was arrested for murder.
Daniel plead no contest to misdemeanor battery in three separate incidents in 2007 and 2008 in which other men were punched at an Albertsons store, a Sears store, and at Horton Plaza. He was ordered to attend anger management classes, but failed to enroll, court records say.
Daniel served about 15 days in jail in all three cases, and was barred from returning to the stores where the incidents occurred. He received several fines and was ordered to pay $309 in restitution to one victim for medical expenses.
Shazier was remembered at his Feb. 7 funeral at MCC that was attended by more than 50 people. Shazier helped found an MCC church in Sacramento after forming a Bible study in his own home in 1970.
“There were many lives touched by Vance,” said Pastor Dan Koeshall.
“He was such a kind person, always had a smiling face,” said another member at the funeral.
Koeshall performed a rite of transferring Shazier’s church membership “to the church in heaven.”
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