KILLER GETS 72 YEARS TO LIFE
by Heather Muller , 8/21/2007
Thomas Arthur Applegate was sentenced Tuesday to three life sentences plus seven years in the 2003 Bridgeville murder of Joey Church and the attempted murder of Church’s neighbor Ross Condemi.
The stiff sentence was the last stop on an emotional roller coaster ride for the slain man’s family, who listened in disbelief early in the day’s proceedings as Applegate’s lawyer discussed his motion, filed Tuesday, for a new trial.
Humboldt County Public Defender Kevin Robinson argued that an expert witness during the sanity phase of the trial demonstrated “bias or prejudice” in a Times-Standard interview published Monday, and that the jury verdict was “contrary to evidence and the law.”
District Attorney Paul Gallegos opposed the motion.
“I believe the evidence was and is overwhelming,” Gallegos said, arguing that there was abundant support for the conclusions of the witness, Dr. Robert Soper, a psychiatrist who testified for the prosecution.
Judge John T. Feeney agreed with the prosecution. He denied the motion and — to the family’s audible relief — cleared the way for sentencing to proceed.
“I do find that the evidence presented at trial did have sufficient probative value to sustain the verdict,” Feeney said, adding that he did not find bias in Soper’s post-trial statements and did not believe a different verdict would result from a new trial.
Feeney then listened as family members made statements to the court about the loss of Church, a father of three children and part of a close-knit, extended Bridgeville family.
“His 5-year-old daughter will never remember him,” one of Church’s sisters said. “My father will never have another son, and I will never have another brother.”
“We all have a huge hole in our life. There’s not one of us, one of us, who will ever be whole again.”
Applegate stood next to his attorney and stared straight ahead during the impact statements, glancing only occasionally at the speakers. He declined to comment before punishment was handed down.
Feeney sentenced Applegate to 15 years to life for the second-degree murder of Church, with an additional 25-to-life sentence for the enhancement of discharging a firearm causing death.
He was further sentenced to a determinate term of seven years for the second-degree attempted murder of Condemi, with another 25-to-life for the enhancement of using a firearm during the crime.
All terms are to run consecutively, Feeney said, which means Applegate would not be eligible for parole until at least 2079.
“I’m just glad he got what he got,” the victim’s father, Richard Church, said after the proceedings.
The prosecutor’s feelings about the verdict, however, were harder to read. On his way out of the courtroom, Gallegos looked at the convicted killer and said, “Good luck, Mr. Applegate.”
“Prison’s not a pleasant place,” the district attorney explained later. “This was a terrible tragedy for the Church family, and a terrible tragedy for the Applegate family.”
The prolonged court proceedings stemmed from the May 4, 2003, shooting in Church’s Bridgeville home.
Church was watching an episode of “The Simpsons” on television with his family and Condemi when Applegate, a resident of Paso Robles, knocked on the door, apparently at random, and asked if the house was for sale.
He spoke briefly with the men before pulling out a gun and killing one and injuring the other. It is believed neither man had ever seen Applegate before.
Proceedings were continued until Tuesday to review clarified calculations of Applegate’s time served in this case and a previous conviction in San Luis Obispo County.
An appeal of the case is automatic due to the strict sentence handed down.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Showing posts with label Applegate. Show all posts
Showing posts with label Applegate. Show all posts
8.20.2007
TS - Doctor gives view on sane verdict in Applegate case
Promised as some in-depth analysis of the murderer, Thomas Applegate, there is nonetheless nothing new in this article, but it's part of the record.
Dr. Robert Soper
Doctor gives view on sane verdict in Applegate case
Man set to be sentenced for murder in Bridgeville
Dr. Robert Soper, the psychiatrist who was a prosecution witness in the sanity phase of the Thomas Applegate trial, described Applegate as being “on the run” when he walked into a Bridgeville home high on methamphetamine and shot two men, killing one.
Thomas Applegate
A jury found Applegate was sane at the time he killed Joey Patrick Church in May 2003. Another man was wounded. The same jury found Applegate guilty of second-degree murder and second-degree attempted murder. His sentencing is set for Tuesday.
Soper talked to Applegate on two different occasions, but well after he was arrested for assaulting a woman in Southern California just days after the killing. Soper said Applegate was on meth for about two weeks when he drove from Southern California believing he was going to buy Bridgeville.
Soper learned that Applegate had been using controlled substances and alcohol since he was a young teenager. He used methamphetamine for about 15 years, stopped for eight years, and recently, just months before the killing, started again, Soper said.
Feeling lethargic and depressed may have led him to use meth again, Soper said.
”Amphetamines, in the short run, would help with his depression,” Soper said.
“In essence, he was self medicating.”
Applegate's attorney, Kevin Robinson, declined to comment on Soper's comments, saying they “exceed areas of his testimony at trial.”
Soper listed the possible effects Applegate may have been experiencing: Enhanced energy, enhanced concentration, improved mood, euphoria, talking fast, erratic train of thought and grandiose beliefs.
”He was going up to Bridgeville to buy Bridgeville,” Soper said. “That's grandiose.”
A methamphetamine-induced psychosis is very similar to schizophrenia psychosis or mania, Soper said.
Applegate was hearing things and because he can't remember the incident, exactly what may have sent him into a homicidal mode is unknown.
”It's crazy because he had no motive to shoot these people,” Soper said.
But, Applegate wasn't insane at the time of the killings, Soper said.
He claims not to remember anything about the shootings. But, according to Soper, there are some signs that he understood he was doing something wrong.
For instance, when Applegate entered the home, he made the children go into another room before shooting the two men.
”It shows there's some awareness of what he was doing was wrong and it was something kids should not see,” Soper said.
Other signs are that he returned the gun, which he took from his parents' house, and he attempted to hide the weapon's cartridges in the couch of an acquaintance.
”It is my experience that most people who are using meth, like alcoholics, do not understand how much their behavior has changed,” Soper said. “It's a tragedy for everyone involved.”
The awareness of the damage meth does to people, families and communities is on the rise, not just in Humboldt County, but nationwide.
Mike Goldsby, program manager for health education for the Department of Health and Human Services, said meth has been a problem since about the late 80s in Humboldt County.
”When a drug has been prevalent for a lot of years you begin to see multi-generational effects,” Goldsby said.
And the problems add up.
”The problems caused by meth are out of proportion to the number of people who use,” Goldsby said.
He explained that by saying meth users tend to get into more kinds of trouble and need more kinds of services, from health to social services, than other drug users, and that adds to the toll the drug takes on a community.
Humboldt County Supervisor Jimmy Smith, part of the Speed Prevention and Awareness Network, said he's beginning to see a results from numerous efforts.
”We think we're making a difference with the youth we're doing outreach with,” Smith said.
But, he recognizes there's a lot of work left to rid the area of the drug.
”We're hitting it every which way we can,” Smith said.
Chris Durant The Times-Standard Article Launched: 08/20/2007 09:13:54 AM PDT
Chris Durant can be reached at 441-0506 of at cdurant at times-standard.com .
Dr. Robert Soper
Doctor gives view on sane verdict in Applegate case
Man set to be sentenced for murder in Bridgeville
Dr. Robert Soper, the psychiatrist who was a prosecution witness in the sanity phase of the Thomas Applegate trial, described Applegate as being “on the run” when he walked into a Bridgeville home high on methamphetamine and shot two men, killing one.
Thomas Applegate
A jury found Applegate was sane at the time he killed Joey Patrick Church in May 2003. Another man was wounded. The same jury found Applegate guilty of second-degree murder and second-degree attempted murder. His sentencing is set for Tuesday.
Soper talked to Applegate on two different occasions, but well after he was arrested for assaulting a woman in Southern California just days after the killing. Soper said Applegate was on meth for about two weeks when he drove from Southern California believing he was going to buy Bridgeville.
Soper learned that Applegate had been using controlled substances and alcohol since he was a young teenager. He used methamphetamine for about 15 years, stopped for eight years, and recently, just months before the killing, started again, Soper said.
Feeling lethargic and depressed may have led him to use meth again, Soper said.
”Amphetamines, in the short run, would help with his depression,” Soper said.
“In essence, he was self medicating.”
Applegate's attorney, Kevin Robinson, declined to comment on Soper's comments, saying they “exceed areas of his testimony at trial.”
Soper listed the possible effects Applegate may have been experiencing: Enhanced energy, enhanced concentration, improved mood, euphoria, talking fast, erratic train of thought and grandiose beliefs.
”He was going up to Bridgeville to buy Bridgeville,” Soper said. “That's grandiose.”
A methamphetamine-induced psychosis is very similar to schizophrenia psychosis or mania, Soper said.
Applegate was hearing things and because he can't remember the incident, exactly what may have sent him into a homicidal mode is unknown.
”It's crazy because he had no motive to shoot these people,” Soper said.
But, Applegate wasn't insane at the time of the killings, Soper said.
He claims not to remember anything about the shootings. But, according to Soper, there are some signs that he understood he was doing something wrong.
For instance, when Applegate entered the home, he made the children go into another room before shooting the two men.
”It shows there's some awareness of what he was doing was wrong and it was something kids should not see,” Soper said.
Other signs are that he returned the gun, which he took from his parents' house, and he attempted to hide the weapon's cartridges in the couch of an acquaintance.
”It is my experience that most people who are using meth, like alcoholics, do not understand how much their behavior has changed,” Soper said. “It's a tragedy for everyone involved.”
The awareness of the damage meth does to people, families and communities is on the rise, not just in Humboldt County, but nationwide.
Mike Goldsby, program manager for health education for the Department of Health and Human Services, said meth has been a problem since about the late 80s in Humboldt County.
”When a drug has been prevalent for a lot of years you begin to see multi-generational effects,” Goldsby said.
And the problems add up.
”The problems caused by meth are out of proportion to the number of people who use,” Goldsby said.
He explained that by saying meth users tend to get into more kinds of trouble and need more kinds of services, from health to social services, than other drug users, and that adds to the toll the drug takes on a community.
Humboldt County Supervisor Jimmy Smith, part of the Speed Prevention and Awareness Network, said he's beginning to see a results from numerous efforts.
”We think we're making a difference with the youth we're doing outreach with,” Smith said.
But, he recognizes there's a lot of work left to rid the area of the drug.
”We're hitting it every which way we can,” Smith said.
Chris Durant The Times-Standard Article Launched: 08/20/2007 09:13:54 AM PDT
Chris Durant can be reached at 441-0506 of at cdurant at times-standard.com .
6.21.2007
ER - Closing arguments to wrap up in sanity phase of trial
Closing arguments to wrap up in sanity phase of trial
by Kara Machado, 6/21/2007
Closing arguments are scheduled to be heard today in the sanity phase of the ongoing 2003 Bridgeville murder trial.
Humboldt County District Attorney Paul Gallegos concluded the prosecution’s case against Thomas Arthur Applegate Thursday with the testimony of Dr. Robert Soper, a psychiatrist who examined Applegate.
Included in Soper’s testimony Thursday, Soper said his examination of Applegate, 44, of Templeton, suggested Applegate had possible mild brain impairment and that Applegate “should have been on medication for years.”
Soper also testified that Applegate was “very apologetic” when asked about his assault on a woman in San Luis Obispo County just after the Bridgeville shootings.
“He wanted to make it up to her,” Soper said. “He didn’t feel he should have hurt her.”
Gallegos asked Soper if planning an alibi for the shootings ahead of time suggested Applegate could distinguish right from wrong.
Soper answered, “Yes.”
When Soper was asked if it was his opinion that, at the time of the shootings, Applegate was “not legally sane,” Soper also answered yes.
At the end of Applegate’s trial proceedings Thursday, Humboldt County Superior Court Judge John T. Feeney told the jurors they had “received all the evidence (they) will receive in the trial” and that they are to be back in court today at 9 a.m.
Feeney told jurors he anticipated the closing arguments will go past the noon hour today. But, after polling jurors on their availability for today, Feeney said he will not keep them past 1:30 or 2 p.m. today.
On June 13, the jury found Applegate guilty of the second-degree murder of Patrick Church, 34, and the second-degree attempted murder of Ross Condemi, 48.
The second phase of the trial — during which a jury will deliberate on whether Applegate was legally insane at the time of the shooting — began on June 15.
At the beginning of the sanity portion of Applegate’s trial, Feeney explained to the jury that the burden of proof in the second phase of the trial rests on Applegate’s attorney, Humboldt County Public Defender Kevin Robinson.
Robinson must prove to jurors, Feeney said, that at the time of the shootings Applegate either did not know what he was doing or was unable to tell that his actions were wrong.
(Laura Provolt contributed to this article.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Kara Machado, 6/21/2007
Closing arguments are scheduled to be heard today in the sanity phase of the ongoing 2003 Bridgeville murder trial.
Humboldt County District Attorney Paul Gallegos concluded the prosecution’s case against Thomas Arthur Applegate Thursday with the testimony of Dr. Robert Soper, a psychiatrist who examined Applegate.
Included in Soper’s testimony Thursday, Soper said his examination of Applegate, 44, of Templeton, suggested Applegate had possible mild brain impairment and that Applegate “should have been on medication for years.”
Soper also testified that Applegate was “very apologetic” when asked about his assault on a woman in San Luis Obispo County just after the Bridgeville shootings.
“He wanted to make it up to her,” Soper said. “He didn’t feel he should have hurt her.”
Gallegos asked Soper if planning an alibi for the shootings ahead of time suggested Applegate could distinguish right from wrong.
Soper answered, “Yes.”
When Soper was asked if it was his opinion that, at the time of the shootings, Applegate was “not legally sane,” Soper also answered yes.
At the end of Applegate’s trial proceedings Thursday, Humboldt County Superior Court Judge John T. Feeney told the jurors they had “received all the evidence (they) will receive in the trial” and that they are to be back in court today at 9 a.m.
Feeney told jurors he anticipated the closing arguments will go past the noon hour today. But, after polling jurors on their availability for today, Feeney said he will not keep them past 1:30 or 2 p.m. today.
On June 13, the jury found Applegate guilty of the second-degree murder of Patrick Church, 34, and the second-degree attempted murder of Ross Condemi, 48.
The second phase of the trial — during which a jury will deliberate on whether Applegate was legally insane at the time of the shooting — began on June 15.
At the beginning of the sanity portion of Applegate’s trial, Feeney explained to the jury that the burden of proof in the second phase of the trial rests on Applegate’s attorney, Humboldt County Public Defender Kevin Robinson.
Robinson must prove to jurors, Feeney said, that at the time of the shootings Applegate either did not know what he was doing or was unable to tell that his actions were wrong.
(Laura Provolt contributed to this article.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
6.13.2007
ER - Jurors find Applegate guilty
Photo source - TS
Jurors find Applegate guilty
by Kara Machado, 6/13/2007
One juror wept softly, holding a tissue to her face, as the verdicts in the Thomas Arthur Applegate case were read Wednesday.
Humboldt County Superior Court Judge John T. Feeney’s clerk read the verdicts aloud in court.
For count one, Applegate, 44, of Templeton, was found guilty of the second-degree murder of Joey Patrick Church, 34, and the jury found that he did so with a firearm.
For count two, the jury found Applegate guilty of the second-degree attempted murder of Ross Condemi, 48, and found that he did so with a firearm.
With regard to count three, Applegate was found not guilty of the assault of Condemi with a firearm; the jury also determined that Applegate did not commit the special allegations associated with count three — that he used a .44-caliber pistol or that he inflicted great bodily injury.
During the reading of the verdicts, Applegate — as he did during the majority of his more than two-week trial — stared straight ahead, with his attorney Humboldt County Public Defender Kevin Robinson sitting to his right.
Church’s sister wept during the readings; Applegate’s family looked straight ahead.
Wednesday’s verdicts were reached the day after the Humboldt County District Attorney’s Office dismissed the first-degree option on the murder charge and two days after the jurors first announced they were “hopelessly deadlocked” with regard to what degree of murder Applegate committed.
Applegate’s case stems from a May 4, 2003, incident in which, testimony revealed, he entered Church’s Bridgeville home and ultimately shot Church, killing him, and shot Condemi, wounding him.
Two of Church’s children — then ages 7 and 10 — and Church’s girlfriend were at the home during the shooting, but were not shot at or injured, testimony revealed.
Once Wednesday’s verdicts were read, Feeney advised and thanked the jurors for completing the first phase of Applegate’s trial.
Due to Applegate pleading not guilty and not guilty by reason of insanity, phase two of his trial is slated to begin Friday morning.
Phase two of the trial will consist of the jurors hearing testimony with regard to Applegate’s insanity defense.
Feeney told jurors Wednesday it is anticipated phase two will consist of three days of testimony and it looks as though the trial will be completed by June 22, the date by which the court had initially estimated the trial proceedings to be finished.
Humboldt County DA Paul Gallegos — the prosecutor in the Applegate case — was not present at Wednesday’s proceedings; Humboldt County Deputy DA Allan Dollison sat in for Gallegos.
Both Dollison and Robinson declined to comment.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Discussion at watchpaul
Previous coverage:
Insanity phase of trial begins
Jurors find Applegate guilty
First-degree murder off table
Jury deadlocked in murder trial
ER - Jury begins deliberating in Bridgeville murder trial today 6/6/2007
ER - Bridgeville murder trial enters third week of testimony
ER - Murder trial continues with evidence technician's testimony
ER - Witness testifies about Bridgeville murder
ER - Sheriff's detective takes stand in murder trial
ER - Father of man accused of murder given immunity
ER - Testimony in murder trial reveals meth use, witness of handgun
ER - Acquaintances of man on trial for murder testify
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Children of slain man take the stand in his murder trial
TS - Trial underway in '03 Bridgeville killing
ER - Jury selected for Applegate trial
TS - Jury selection under way in trial of suspect in 2003 homicide
ER - 2003 murder case goes to trial
5.22.2007
RS - Trial underway in '03 Bridgeville killing
Trial underway in '03 Bridgeville killing
Karen Wilkinson/The Times-Standard
Article Launched: 05/22/2007 04:26:33 AM PDT
EUREKA -- As a family watched a new “Simpsons” episode along with a friend in 2003, Thomas Arthur Applegate entered their Bridgeville home and shot two of them, killing one, District Attorney Paul Gallegos told a jury Monday.
During opening statements, Gallegos said there's evidence that Applegate, 45, used methamphetamine before traveling from Ukiah to Bridgeville, where he allegedly shot and killed Joey Patrick Church, 36, and wounded Church's friend, Ross Condemi.
Applegate has pleaded not guilty to one count of homicide, one count of attempted murder, one count of assault with a firearm and four special allegations -- three for personally discharging a firearm and another for personally inflicting great bodily injury.
Applegate's attorney, public defender Kevin Robinson, didn't make an opening statement.
The victim's daughter, Brandi, became visibly upset as she took the stand and described the day.
The 11-year-old girl, who was 7 at the time, said she returned home from a friend's house on May 4, 2003, and spoke with her father in their living room shortly before he was shot twice in the abdomen.
She testified about how she climbed out the front window of the house after her father was shot.
Gallegos said Applegate entered Church's home and asked if it was for sale. When he was told the whole town was for sale, he left, only to return later in the day, enter the house, ask the same question and open fire.
Applegate was arrested the next day after he beat and tried to kidnap a woman in a San Luis Obispo restaurant parking lot. He entered guilty pleas to the Southern California charges and was returned to Humboldt County in the summer of 2004.
When Applegate's home was searched May 8, 2003, Gallegos said bullets were found that matched those used on both victims. Also, five shells were found beneath a sofa the man slept on the night of the killing, Gallegos said.
Applegate was identified in a lineup by witnesses in Bridgeville. Robinson could not be reached for comment by deadline.
Related/Updated:
Insanity phase of trial begins
Jurors find Applegate guilty
First-degree murder off table
Jury deadlocked in murder trial
ER - Jury begins deliberating in Bridgeville murder trial today 6/6/2007
ER - Bridgeville murder trial enters third week of testimony
ER - Murder trial continues with evidence technician's testimony
ER - Witness testifies about Bridgeville murder
ER - Sheriff's detective takes stand in murder trial
ER - Father of man accused of murder given immunity
ER - Testimony in murder trial reveals meth use, witness of handgun
ER - Acquaintances of man on trial for murder testify
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Children of slain man take the stand in his murder trial
TS - Trial underway in '03 Bridgeville killing
ER - Jury selected for Applegate trial
TS - Jury selection under way in trial of suspect in 2003 homicide
ER - 2003 murder case goes to trial
Karen Wilkinson/The Times-Standard
Article Launched: 05/22/2007 04:26:33 AM PDT
EUREKA -- As a family watched a new “Simpsons” episode along with a friend in 2003, Thomas Arthur Applegate entered their Bridgeville home and shot two of them, killing one, District Attorney Paul Gallegos told a jury Monday.
During opening statements, Gallegos said there's evidence that Applegate, 45, used methamphetamine before traveling from Ukiah to Bridgeville, where he allegedly shot and killed Joey Patrick Church, 36, and wounded Church's friend, Ross Condemi.
Applegate has pleaded not guilty to one count of homicide, one count of attempted murder, one count of assault with a firearm and four special allegations -- three for personally discharging a firearm and another for personally inflicting great bodily injury.
Applegate's attorney, public defender Kevin Robinson, didn't make an opening statement.
The victim's daughter, Brandi, became visibly upset as she took the stand and described the day.
The 11-year-old girl, who was 7 at the time, said she returned home from a friend's house on May 4, 2003, and spoke with her father in their living room shortly before he was shot twice in the abdomen.
She testified about how she climbed out the front window of the house after her father was shot.
Gallegos said Applegate entered Church's home and asked if it was for sale. When he was told the whole town was for sale, he left, only to return later in the day, enter the house, ask the same question and open fire.
Applegate was arrested the next day after he beat and tried to kidnap a woman in a San Luis Obispo restaurant parking lot. He entered guilty pleas to the Southern California charges and was returned to Humboldt County in the summer of 2004.
When Applegate's home was searched May 8, 2003, Gallegos said bullets were found that matched those used on both victims. Also, five shells were found beneath a sofa the man slept on the night of the killing, Gallegos said.
Applegate was identified in a lineup by witnesses in Bridgeville. Robinson could not be reached for comment by deadline.
Related/Updated:
Insanity phase of trial begins
Jurors find Applegate guilty
First-degree murder off table
Jury deadlocked in murder trial
ER - Jury begins deliberating in Bridgeville murder trial today 6/6/2007
ER - Bridgeville murder trial enters third week of testimony
ER - Murder trial continues with evidence technician's testimony
ER - Witness testifies about Bridgeville murder
ER - Sheriff's detective takes stand in murder trial
ER - Father of man accused of murder given immunity
ER - Testimony in murder trial reveals meth use, witness of handgun
ER - Acquaintances of man on trial for murder testify
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Children of slain man take the stand in his murder trial
TS - Trial underway in '03 Bridgeville killing
ER - Jury selected for Applegate trial
TS - Jury selection under way in trial of suspect in 2003 homicide
ER - 2003 murder case goes to trial
ER - Children of slain man take the stand in his murder trial
Children of slain man take the stand in his murder trial
by Kara Machado, 5/21/2007
The girlfriend and two children of a murder victim testified Monday, the first day of Thomas Arthur Applegate’s trial.
Applegate, 44, has been charged with the May 4, 2003, murder of Joey Patrick Church, 34, with a special allegation that he did so with a firearm; the May 4, 2003, attempted murder of Ross Condemi, 48, with a special allegation that he discharged a firearm during the commission of the crime; the May 4, 2003, assault of Condemi with a firearm with a special allegation that he used a .44-caliber pistol and another special allegation of great bodily injury.
Humboldt County Public Defender Kevin Robinson said Applegate has entered two pleas: First, Applegate pleaded not guilty to the charges against him, as well as entered denials to all special allegations; and second, he pleaded not guilty by reason of insanity.
In Humboldt County District Attorney Paul Gallegos’ opening statement to jurors, he painted a time frame from the days leading up to the killings to the day Church was killed and Condemi was injured.
On Thursday, May 1, 2003, Gallegos said, Applegate told his employer he would be going to Mexico for four days. The following day, he stayed with his father in Paso Robles.
On Saturday, May 3, 2003, Applegate drove one hour south to the San Luis Obispo airport, where he parked his black Jeep and rented a gold Kia.
He then returned home to get a .44-caliber handgun that he would eventually bring up to Humboldt County, Gallegos said, and told his girlfriend he would be going to Mexico for four days.
Applegate soon ended up in Ukiah, where he stayed at a Holiday Inn Express. The next morning, he called some friends and asked them to go with him to Bridgeville to look for property.
Prior to going home to have Applegate meet them there, one of Applegate’s friends saw the .44-caliber handgun on a nightstand.
At the friends’ house, Applegate allegedly participated in the ingestion of methamphetamine, Gallegos said, before the group left for Bridgeville.
At about 4:58 p.m. on Sunday, May 4, 2003, the gold Kia arrived in Bridgeville for the first time, Gallegos said.
Then, at 6:22 p.m., Applegate allegedly arrived at Church’s house, where he asked Church’s girlfriend, Carrie Erickson, if the house was for sale. Erickson told him no.
At 6:29 p.m., Applegate left the Bridgeville area, Gallegos said. His friends wanted to go home, but Applegate asked them to call their son to pick them up at a gas station.
“(Applegate) told them when he got back from Bridgeville (again), he would drive by the gas station to see if they were still there,” Gallegos said, “(and, if so,) he would pick them up.”
At 8:06 p.m. the gold Kia went back to the Church household, where two of Church’s three children — then-7-year-old Brandi and then-10-year-old Alexander — Erickson and Condemi were watching “The Simpsons” on television.
“Either he opened the door, the door was open or he forced it open, (but) he is (somehow) in the (doorway’s) threshold and asked if the house was for sale (or the town),” Gallegos said. “Church said no; Applegate said, ‘Kids, go to the room’; he pulled out the .44-caliber (handgun and began shooting).”
Gallegos said Church was first shot in the left shoulder. The bullet went through his chest and lodged under his armpit.
Condemi, Gallegos said, pulled his legs up to his body and was shot in the leg, “shattering the bone.”
As Church attempted to run, Applegate allegedly shot him in the hip. The bullet from that shot went into his leg. Church then collapsed and died, Gallegos said.
During Brandi’s testimony, she said just prior to the shooting, she had come home from a friend’s house and was telling the household about her day.
“‘The Simpsons’ just came on and about 10 minutes later (the shooter) came in,” Brandi said.
When asked where everyone was sitting prior to the shooting, Brandi said she didn’t know and broke into tears.
She later said she remembered someone knocked on the door and he was let in.
Brandi, Alexander and Erickson all testified they identified Applegate as the shooter in a past photo lineup, but he looked different in court Monday.
Erickson — who sobbed during most of her testimony — said she only knew Applegate as the person who “shot my baby’s father” and Condemi.
She said when Applegate asked if the house was for sale again, during the second visit to Church’s home, Church said the town was for sale, not just the house.
Applegate, Erickson testified, was wearing a black and white checkered button-up flannel, pants and a T-shirt.
The gun he allegedly drew on the household came from his left side, Erickson testified.
During the shooting, Erickson said she and the children ran into her and Church’s bedroom. When they thought the shooter left, they climbed out a window and ran to a neighbor’s house.
Both Brandi and Erickson testified they saw the first time Church was shot.
Alexander said on the way out the bedroom window, he grabbed his father’s .22-caliber rifle “as protection.”
Erickson said she left the children at the neighbor’s house and came back to the house to check on Church.
“Joey was in the house on the floor laying next to the bathroom and he wasn’t breathing.”
Erickson is scheduled to resume her testimony today at 9 a.m. in Humboldt County Superior Court Judge John T. Feeney’s courtroom.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Related/Updated:
Insanity phase of trial begins
Jurors find Applegate guilty
First-degree murder off table
Jury deadlocked in murder trial
ER - Jury begins deliberating in Bridgeville murder trial today 6/6/2007
ER - Bridgeville murder trial enters third week of testimony
ER - Murder trial continues with evidence technician's testimony
ER - Witness testifies about Bridgeville murder
ER - Sheriff's detective takes stand in murder trial
ER - Father of man accused of murder given immunity
ER - Testimony in murder trial reveals meth use, witness of handgun
ER - Acquaintances of man on trial for murder testify
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Children of slain man take the stand in his murder trial
TS - Trial underway in '03 Bridgeville killing
ER - Jury selected for Applegate trial
TS - Jury selection under way in trial of suspect in 2003 homicide
ER - 2003 murder case goes to trial
by Kara Machado, 5/21/2007
The girlfriend and two children of a murder victim testified Monday, the first day of Thomas Arthur Applegate’s trial.
Applegate, 44, has been charged with the May 4, 2003, murder of Joey Patrick Church, 34, with a special allegation that he did so with a firearm; the May 4, 2003, attempted murder of Ross Condemi, 48, with a special allegation that he discharged a firearm during the commission of the crime; the May 4, 2003, assault of Condemi with a firearm with a special allegation that he used a .44-caliber pistol and another special allegation of great bodily injury.
Humboldt County Public Defender Kevin Robinson said Applegate has entered two pleas: First, Applegate pleaded not guilty to the charges against him, as well as entered denials to all special allegations; and second, he pleaded not guilty by reason of insanity.
In Humboldt County District Attorney Paul Gallegos’ opening statement to jurors, he painted a time frame from the days leading up to the killings to the day Church was killed and Condemi was injured.
On Thursday, May 1, 2003, Gallegos said, Applegate told his employer he would be going to Mexico for four days. The following day, he stayed with his father in Paso Robles.
On Saturday, May 3, 2003, Applegate drove one hour south to the San Luis Obispo airport, where he parked his black Jeep and rented a gold Kia.
He then returned home to get a .44-caliber handgun that he would eventually bring up to Humboldt County, Gallegos said, and told his girlfriend he would be going to Mexico for four days.
Applegate soon ended up in Ukiah, where he stayed at a Holiday Inn Express. The next morning, he called some friends and asked them to go with him to Bridgeville to look for property.
Prior to going home to have Applegate meet them there, one of Applegate’s friends saw the .44-caliber handgun on a nightstand.
At the friends’ house, Applegate allegedly participated in the ingestion of methamphetamine, Gallegos said, before the group left for Bridgeville.
At about 4:58 p.m. on Sunday, May 4, 2003, the gold Kia arrived in Bridgeville for the first time, Gallegos said.
Then, at 6:22 p.m., Applegate allegedly arrived at Church’s house, where he asked Church’s girlfriend, Carrie Erickson, if the house was for sale. Erickson told him no.
At 6:29 p.m., Applegate left the Bridgeville area, Gallegos said. His friends wanted to go home, but Applegate asked them to call their son to pick them up at a gas station.
“(Applegate) told them when he got back from Bridgeville (again), he would drive by the gas station to see if they were still there,” Gallegos said, “(and, if so,) he would pick them up.”
At 8:06 p.m. the gold Kia went back to the Church household, where two of Church’s three children — then-7-year-old Brandi and then-10-year-old Alexander — Erickson and Condemi were watching “The Simpsons” on television.
“Either he opened the door, the door was open or he forced it open, (but) he is (somehow) in the (doorway’s) threshold and asked if the house was for sale (or the town),” Gallegos said. “Church said no; Applegate said, ‘Kids, go to the room’; he pulled out the .44-caliber (handgun and began shooting).”
Gallegos said Church was first shot in the left shoulder. The bullet went through his chest and lodged under his armpit.
Condemi, Gallegos said, pulled his legs up to his body and was shot in the leg, “shattering the bone.”
As Church attempted to run, Applegate allegedly shot him in the hip. The bullet from that shot went into his leg. Church then collapsed and died, Gallegos said.
During Brandi’s testimony, she said just prior to the shooting, she had come home from a friend’s house and was telling the household about her day.
“‘The Simpsons’ just came on and about 10 minutes later (the shooter) came in,” Brandi said.
When asked where everyone was sitting prior to the shooting, Brandi said she didn’t know and broke into tears.
She later said she remembered someone knocked on the door and he was let in.
Brandi, Alexander and Erickson all testified they identified Applegate as the shooter in a past photo lineup, but he looked different in court Monday.
Erickson — who sobbed during most of her testimony — said she only knew Applegate as the person who “shot my baby’s father” and Condemi.
She said when Applegate asked if the house was for sale again, during the second visit to Church’s home, Church said the town was for sale, not just the house.
Applegate, Erickson testified, was wearing a black and white checkered button-up flannel, pants and a T-shirt.
The gun he allegedly drew on the household came from his left side, Erickson testified.
During the shooting, Erickson said she and the children ran into her and Church’s bedroom. When they thought the shooter left, they climbed out a window and ran to a neighbor’s house.
Both Brandi and Erickson testified they saw the first time Church was shot.
Alexander said on the way out the bedroom window, he grabbed his father’s .22-caliber rifle “as protection.”
Erickson said she left the children at the neighbor’s house and came back to the house to check on Church.
“Joey was in the house on the floor laying next to the bathroom and he wasn’t breathing.”
Erickson is scheduled to resume her testimony today at 9 a.m. in Humboldt County Superior Court Judge John T. Feeney’s courtroom.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
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