Trial begins for man accused in 2009 break-in that left another man dead

Jesse Bakerriley
Jesse Bakerriley

A man accused of breaking into a Los Osos home in 2009, prompting a tenant to fire shots that killed the man's alleged accomplice, began his trial on Thursday.

Opening statements were made in the murder case against 36-year-old Jesse Bakerriley, who prosecutors say forced his way into a home in 12th Street on July 19, 2009, with a gun intending to steal marijuana and money. In response, the tenant allegedly fired five shots — one of which struck and killed 20-year-old Kelsey Alvarez of Templeton.

Bakerriley has pleaded not guilty to charges of murder, burglary and robbery in connection with the incident.

Prosecutor Eric Dobroth laid out his version of events that led the tenant, 23-year-old Peter Davis, to grab a gun and fire. Bakerriley was struck three times in the lower body, while Alvarez was struck once. Davis had a doctor’s note to cultivate medical marijuana, Dobroth said.

But Bakerriley's attorney, Thomas McCormick, said in opening statements that Davis was responsible for shooting Alvarez.

McCormick said Bakerriley went to the home to collect a debt, and that while his client may not have handled the situation properly, he’s not to blame for Alvarez's death.

Davis testified Thursday that during the invasion he was “the most scared I’ve ever been in my life,” which is why he shot at Bakerriley. A stray bullet hit Alvarez, who wasn’t in the same room, Davis said.

“I was in shock, I was terrified,” Davis said. “I’ve never had a gun pointed at me.”

The trial resumes Friday at 1:30 p.m. in Judge Barry LaBarbera’s courtroom.