Los Osos man sentenced in death of accomplice during home-invasion robbery

A 36-year-old Los Osos man was sentenced to 35 years to life in prison Wednesday for his role in provoking a shooting death in a 2009 home invasion marijuana robbery.

San Luis Obispo County Judge Barry LaBarbera sentenced Jesse Bakerriley to prison for the murder by provocation of his accomplice, Kelsey Alvarez, in Los Osos.

The shooting was the result of a residential robbery.

Bakerriley and Alvarez had gone to the home of Peter Davis and demanded money and marijuana at gunpoint.

Fearing he would die after being held at gunpoint, Davis grabbed a gun in his home and fired shots at Bakerriley — one of which struck and killed Alvarez.

Bakerriley was convicted in January of murder by provocation. Davis was never charged in the incident because prosecutors felt he was acting in self-defense.

“It was a very tragic incident that resulted in a death,” prosecutor Eric Dobroth said. “I am pleased that he expressed remorse to probation officers.”

In a probation report, Bakerriley said that he’s “deeply remorseful for what he did.”

Bakerriley said that he was sorry for the fear he instilled in the two young men, Davis and Dylan Baumann, in the home that day, which included eating some of their Thai food, ordering them to open a fortune cookie, and asking if they’d seen the movie “Pulp Fiction.”

He also stated he feels sorry for Alvarez and his family, saying “if I could switch places with him, I would.”

“I felt sorry for myself for a while,” Bakerriley told the probation department. “My ex-wife and (17-year-old) daughter don’t visit anymore (in jail). But Kelsey’s family doesn’t ever get to see him again.”

Davis spoke at the sentencing, saying that he has suffered from post-traumatic stress since the incident and has feared for his safety. But he also said he has a newfound passion for life.

“I never thought I’d see my family and friends again that day,” Davis said. “This second chance at life gives me a lot to live for.”

Bakerriley’s attorney, Tom McCormick, said he felt that LaBarbera was accurately following the legal guidelines in the sentencing, but argued that the penalty is too severe.

“This was a tragic, unfortunate event that went from an attempt to obtain narcotics to a death that wasn’t intended,” McCormick said. “I feel the law is overzealous.”

The county Probation Department — which recommended the 35-years-to-life sentence — stated that “the traumatic effect this crime has had on the victims, as well as the young life lost during the commission of the crime, is painfully apparent to the defendant and others involved in the case.”

This story was originally published May 18, 2011 at 3:58 PM with the headline "Los Osos man sentenced in death of accomplice during home-invasion robbery."