The following is a press release issued by the Mendocino County District Attorney’s Office:
Defendant Robert Henry Brockway III, age 35, formerly of the Albion area, was sentenced Thursday in the Mendocino County Superior Court in Ukiah to state prison for 21 years to life.
The defendant was convicted by guilty pleas entered on August 3rd of murder in the second degree and residential burglary while someone was home.
The defendant had earlier claimed that he was not guilty by reason of insanity of the charges, but withdrew his NGI plea and entered guilty pleas in August while a jury was being picked to hear the evidence in the October 2020 case.
The law enforcement agencies that developed the evidence supporting the guilty pleas were the Mendocino County Sheriff’s Office, the California Department of Justice DNA crime laboratory in Redding, and the District Attorney’s own Bureau of Investigations.
The attorney responsible for bringing this defendant to trial and marshaling the evidence against him was District Attorney David Eyster.
Mendocino County Superior Court Judge Keith Faulder has presided over all the court proceedings and was the sentencing judge on Thursday.
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If you murder someone in their home while burglarizing their home that’s Felony Murder which would make you Eligible for the death penalty. This is another sweetheart deal by Eyster to another ten time felon with previous assaults, weapons violations, burglaries, other violent crimes. This clown was even on parole at the time he burglarized this 60 year old man’s home and slaughtered him unprovoked in one of the worst ways you could die, a. Machete . This clown also has previous strikes against him. With Eyste’s sweetheart deal of 21 years for a second degree plea, this guy could be back in our town in 12 years. He’s only 36, which would make him 48, plenty young enough to Commit more crimes or murder someone else relaxing in their own home. Eyster pats himself on the back as a job well done as he avoided actually going to court and trying a case which is what we pay him for. This guy needs to go. This victim and the family deserved justice and their day in court for the actual crime, not a plead down lessor charge with other felonies dropped. We need a DA that will be strict on violent crimes which this DA’s track record shows he is not. Not tough on rape or murder of our citizens. What Attorney will step up and run for this office? Anyone? This county is no longer affordable or safe for families to live in. One only has to look at the BOS and the DA to see why. The county bringing all of these violent drug addicts and violently mentally ill people to our community by offering them free housing and hotel rooms. They’ve ruined this place. It’s only going to get worse. The words out our county is soft on crime and heavy on the handouts which in other counties have a long, long, waiting list. What working class family finds this a suitable place to raise a family or to grow old in? They are literally forcing the good people to either accept it or leave and thousands have left and that’s just the beginning. Who wants to sit around and wait to get murdered in their own home while it’s getting burglarized and then have their family told their life was worth less than 12 years in prison. This guy committed other crimes in our community and burglaries and the DA plead those down too. In many cases he only was sentenced to probation under his plea agreement. This crime should have been his last. This crime should have taken him off our streets for decades. He should have received 40 to life. Apparently Eyster sees it as he has one stroke still left. We’ll see how that goes and who’s his next victim will be. Anyone thinking this guy will be rehabilitated in prison has a screw loose.
Not arguing that this guy shouldn’t have gotten more time nor am I defending the DA,…but maybe the DA couldn’t prove 1st degree murder, premeditated (planned in advance) murder, beyond a “reasonable doubt”.
Pleas deals aren’t always some sweetheart deal.
Prosecutors are charged with pressing the case they can win not rolling the dice on cases they’re unsure of.
Violent strike offenses in CA require a minimum of 85% of the sentenced time be served with all “credits” for good behavior taken into account.
So, 85% of 21yrs is 17yrs 10 months 6days minimum served, assuming the parole board approves a release and that the govenor at that time signs off on it.
If no paroled release this guy could be locked up for the full extent of his natural life.
Not arguing that this guy shouldn’t have gotten more time nor am I defending the DA,…but maybe the DA couldn’t prove 1st degree murder, premeditated (planned in advance) murder, beyond a “reasonable doubt”.
Pleas deals aren’t always some sweetheart deal.
Prosecutors are charged with pressing the case they can win not rolling the dice on cases they’re unsure of.
Violent strike offenses in CA require a minimum of 85% of the sentenced time be served with all “credits” for good behavior taken into account.
So, 85% of 21yrs is 17yrs 10 months 6days minimum served, assuming the parole board approves a release and that the govenor at that time signs off on it.
If no paroled release this guy could be locked up for the full extent of his natural life.
Whoops…