A 20-year-old Chula Vista man who pleaded guilty to accessory to murder after the fact for his role in buying cement so a gay murder victim would be encased in a concrete egg in North Park was sentenced Feb. 11 to nine years in state prison. He was also ordered to pay $24,625 in restitution involving credit card fraud.

Probation was rejected for Arlo Elizarraraz, whose attorney argued that it was another man, Thomas Jeffrey Brooks, 41, who killed Edward Andrews, 80, whose remains were found in a concrete egg-shaped structure in the backyard of an Alabama Street house on Sept. 5, 2008.

Elizarraraz earlier maintained he did not know for sure that he helped transport the body when he helped Brooks carry the heavy sculpture, which was covered by a purple blanket and plastic wrapping.

But he pleaded guilty to being a murder accessory after the fact on Oct.

13, 2009, and to 55 counts of fraud involving the victim’s bank account and credit cards.

Steve Wadler, Elizarraraz’s attorney, described Brooks as “a con man” who lured his “naive” client who was then 18 years old into the situation. Brooks, who is gay, met Elizarraraz after Elizarraraz placed a personal ad on Craigslist seeking money.

Wadler said his client’s ad “used sexuality as a lure...and Mr.

Brooks responded to that ad.” He said Elizarraraz “struggles with his own sexual identity” and “couldn’t stop” having a relationship with Brooks, who was a parolee. Brooks met Andrews through a gay magazine ad while he was in prison.

“He would not fare well in prison. He doesn’t have any street savvy,” said Wadler.

Regarding the financial fraud, Wadler said “he knew what he was doing was wrong,” but maintained he was led into it by Brooks and had remorse. “He was young, desperate, entangled with an older criminal,”

adding, “Mr. Brooks was the murderer.”

Wadler asked Danielsen to place him on probation and offered to waive his 322 days of credit so Elizarraraz could get a one year jail term, with a suspended prison term.

Deputy District Attorney Dino Paraskevopoulos said Elizarraraz purchased cement, chicken wire, and a shovel at Home Depot at Brooks’

direction, and helped transport the body in a plastic container in his mother’s car. Brooks later encased the body in a concrete egg and planned for it to be a centerpiece of a rock garden in the backyard of an Alabama Street house.

The victim was found with a belt securely around his neck and his mouth was covered with duct tape. His legs were lifted up to his chest and the body was surrounded by chicken coop wire. The body was discovered by curious roommates at the house who called police after breaking it open and seeing what one said was “a shriveled foot,” according to previous testimony.

The prosecutor said Elizarraraz was “trying to minimize” his involvement by blaming Brooks, but the younger man was “an active participant in fraud.” Paraskevopoulos and the probation department urged a 10-year sentence.

“This is such an unusual case,” began the judge, who then paused and referred to Brooks as “an absolutely evil component in this case.”

Danielsen said the actions involved the “disrespect (of) the remains” of the victim. “This defendant found a brother in crime. He joined in...To participate in any way with what happened to the victim...is truly as black and criminal as much as doing the deed itself.”

Danielsen said Elizarraraz was “not suitable for probation” and then imposed consecutive sentences involving the financial fraud. He ordered Elizarraraz to pay a total restitution figure of $24,625.46 to the victim’s bank and credit card vendors. He received credit for serving

322 days in the George Bailey Detention Facility where he served as an inmate trustee.

Andrews lived in Hemet and Brooks moved in with him for a short time. Andrews disappeared and was believed killed around May 31, 2008.

Brooks is suspected of forging Andrews’ signatures on his credit cards and typing a letter to his neighbor saying the couple were vacationing overseas.

Brooks used an alias and later moved to a downtown San Diego condominium that was rented to him by Ben Mason, who lived at the Alabama Street house. Brooks did landscaping around the yard, but never lived with Mason and the other roommates.

One puzzle that is still unresolved is where the victim’s body was between June and September. The roommates remembered the cement orb being placed in the back yard, but didn’t know a precise date it was carried there. Mason described it as ugly and weighing over 300 pounds.

Brooks has been ordered to stand trial for murder and 88 counts of credit card fraud and burglary. A special circumstance of murder for financial gain has been filed which could subject him to the death penalty if the District Attorney decides to seek capital punishment.

Brooks will get a trial date set on March 22, and he has pleaded not guilty. Brooks is housed in the central downtown jail on $3 million bail.