san diego
Murder suspect is charged with fatally beating a member of The Metropolitan Community Church
Published Thursday, 05-Aug-2010 in issue 1180
A murder suspect who is charged with fatally beating a 67-year-old member of the Metropolitan Community Church in 2009 had criminal proceedings suspended on August 3 and may go to a mental hospital for treatment.
The attorney for Thomas Lee Daniel, 38, told San Diego Superior Court Judge David Danielsen he doubted his client was mentally competent to stand trial in the slaying of Vance Shazier. The judge was required to suspend criminal proceedings because of what his attorney said and ordered a psychiatric evaluation that was set for Sept. 9.
Another judge will review psychiatric reports on Daniel on Sept. 24. If he is found not competent to understand court proceedings, Daniel will be sent to a state mental hospital for treatment. If found mentally competent criminal proceedings resume with a new trial date.
Attorney Zaki Zehawi asked for a mental competency exam on the day he was to stand trial. Daniel has pleaded not guilty and remains in the George Bailey Detention Facility without bail. Shazier had a prison ministry, often mailing letters to inmates, and took Daniel into his home at a residential hotel because Daniel was homeless.
Daniel stayed in the 7th Avenue facility for several weeks, but was asked to leave by both Shazier and the management. Shazier was kicked repeatedly in the head, and Daniel reported to the manager that Shazier appeared dead on Jan. 14, 2009.
The cause of death was blunt force trauma. Daniel admitted he kicked Shazier, but not to the extent of causing death. Deputy District Attorney Leonard Trinh said he will seek at least a second-degree murder conviction at trial. Daniel did not attend MCC of San Diego, and news of Shazier’s murder was a shock to those who knew and loved him.
One MCC member has been subpoenaed to testify as she said Shazier told her he was afraid of a man whom he had let stay at his residence and feared he might be hurt or possibly killed when the man is evicted. The member said Shazier told her that just a week before his death and added he was ready to go to heaven.
Daniel has a prior misdemeanor record of assaults committed at Sears, Horton Plaza, and the Albertson’s grocery store in 2007 and 2008. He pleaded no contest to misdemeanor battery in all three incidents and was ordered to attend anger management classes on probation, but never enrolled, according to court records. When a judge ordered Daniel to stand trial for murder in the preliminary hearing in May, 2009, Daniel appeared shocked and wanted to make a statement in court.
Daniel claimed that was the first time he had known he was charged with murder, but Zehawi persuaded him not to make any statements.
![]()
|
|