An ex-Marine charged with murder in the death of his girlfriend at an Allied Gardens apartment nearly a decade ago will get a new hearing to determine whether his case will head to trial because prosecutors didn鈥檛 turn over evidence that his attorneys claim could exonerate him.
Raymond Samuel McLeod Jr, 41, was ordered to stand trial last fall for the June 10, 2016, strangulation death of 30-year-old Krystal Mitchell, which McLeod鈥檚 attorneys claim was accidental and occurred during an act of rough but consensual sex.
During McLeod鈥檚 preliminary hearing, the defense team introduced extensive evidence regarding McLeod鈥檚 sexual history 鈥 which touched on several instances of him engaging in choking during sex with numerous, consenting partners 鈥 in a bid to show Mitchell鈥檚 death happened inadvertently.
But in a recently filed motion to dismiss the murder case, McLeod鈥檚 attorneys said that before the preliminary hearing, prosecutors failed to turn over evidence from Mitchell鈥檚 cellphone and computer showing she shared an interest in that type of sexual activity with McLeod.
During a Friday hearing in the case, Deputy District Attorney Franciesca Balerio said the discovery issue was 鈥渁n inadvertent mistake,鈥 but not one that she believed would have changed the outcome of the preliminary hearing.
Nonetheless, Balerio moved to dismiss the current case and then immediately re-file a new murder charge against McLeod, which would afford the defense the opportunity to re-argue their case with the evidence from Mitchell鈥檚 electronic devices.
Balerio said, 鈥淲hile the People remain steadfast in our belief that the evidence in this case should result in a bind-over and murder conviction, we nonetheless strive to give the defense a full and fair opportunity to present this information at a preliminary hearing and safeguard the integrity of conviction on appeal.鈥
McLeod, who remains jailed without bail, pleaded not guilty to the new murder count on Friday, and a new preliminary hearing date was set for October. He faces 25 years to life in state prison if convicted as charged.
His attorneys had argued in court documents for the case to be dismissed entirely or possibly to reduce the charge to a lesser offense such as involuntary manslaughter.
One of McLeod鈥檚 attorneys, Alison Triessl, said the defense team did not believe the failure to turn over evidence was intentional, but said having to repeat the preliminary hearing presented 鈥渁 huge disadvantage to Mr. McLeod,鈥 both financially and in terms of having to spend additional time in custody.
The defense attorney also reiterated the arguments presented at the last preliminary hearing, including that McLeod and Mitchell were in 鈥渁 loving relationship鈥 and that 鈥渨hile the death was tragic, it was accidental.鈥
Last fall, Balerio argued McLeod showed his intent to murder Mitchell through his aggressive behavior toward her on the night of her death and his subsequent flight from the country.
After Mitchell was found dead, McLeod spent the next six years on the run, during which time he was on the U.S. Marshals鈥 15 Most Wanted List, according to law enforcement officials.
In 2022, he was arrested in El Salvador, where the U.S. Marshals Office says he was teaching English under a different name.
Prosecutors also argued that on the night before Mitchell was found dead, McLeod and Mitchell went to a local bar where Balerio said McLeod put his hands on Mitchell, causing other bar patrons to intervene.
The couple was later spotted on surveillance footage at the apartment complex where Mitchell died, and McLeod can be seen putting his hand on the victim鈥檚 throat as the couple entered an elevator.
In recently filed court documents, McLeod鈥檚 attorneys argue those interactions come across differently if one is aware of the couple鈥檚 sexual history.
鈥淲ithout proper context, this act of Mr. McLeod placing his hand on Ms. Mitchell鈥檚 throat was portrayed as violent and a precursor to an intentional killing. However, the images and memes shared between Mr. McLeod and Ms. Mitchell show this exact same behavior. Approval of this conduct is clearly established by their personal messages,鈥 a defense filing reads.
Last year, another of McLeod鈥檚 defense attorneys, Robert Sheahan, also argued there were no signs of a struggle or any indications that Mitchell resisted or fought back.
The attorney conceded that McLeod should have immediately called 911, but said his flight does not prove his guilt.
鈥淲e are here because Mr. McLeod made the terrible decision to leave and not explain what happened,鈥 said Sheahan, who characterized McLeod鈥檚 flight as similar to the actions of 鈥渁 scared kid.鈥