Jury Hears Differing Scenarios Leading to Fatal Shooting

SANTA ANA — Frank Pina, 40, murdered his stepfather in Fullerton two years ago, took his money and jewelry and fled to Arizona in the victim’s car, the prosecutor charged Wednesday in opening statements.

But Pina’s defense attorney said Pina shot 66-year-old Edward Tobin accidentally during an argument that followed years of abuse by Tobin.

The shooting occurred on July 27, 1995, in the mobile home they shared in Fullerton.

Tobin had left work early to buy his stepson a ticket to Phoenix, where Pina planned to move, and to see him off, Deputy Dist. Atty. Carolyn Kirkwood told an Orange County Superior Court jury.

But, Kirkwood said, Pina had other plans: “He decides to kill [Tobin] and take what he can.”

Before he shot Tobin point-blank in the head, Pina forced him to write a note Pina hoped would rescind a will drafted after his mother died, Kirkwood said. The original will named Pina’s brother.

Pina was still in the home when a co-worker of Tobin’s called, Kirkwood said. Alarmed that Pina had not left for Arizona, the co-worker called police. A subsequent phone call by police to Pina will be introduced as evidence, Kirkwood said.

Pina then took Tobin’s cash and credit cards, jewelry belonging to his late mother, the .22-caliber rifle he used to kill Tobin and safe-deposit box keys and drove away in Tobin’s car, the prosecutor said.

A few days later, Pina was arrested after authorities spotted Tobin’s car in Phoenix. Items from Tobin’s home were found in the car, Kirkwood said.

Deputy Public Defender Tim Severin, however, said Pina killed his stepfather accidentally.

Severin characterized Tobin as an emotionally abusive stepfather who constantly bombarded Pina with insults such as, “You stupid Mexican . . . You’re all so stupid,” he said.

The day Pina was to leave, Tobin came home to an overflowing toilet and blamed Pina, Severin said. Tobin screamed at Pina to get him a wrench, Severin said, but Pina brought back the wrong size.

When Tobin spat on him, Pina raised his hand with the wrench and ordered Tobin to write a note changing his will, Severin said. Pina’s interest in the will, he added, was only to ensure that he and his siblings would have a few keepsakes of his mother’s.

Pina then reached for a rifle, but did not intend to fire it, Severin said. The rifle went off accidentally, he said.

Severin told the jury that evidence would support a conviction for manslaughter, not first-degree murder.