A Washington state man charged with murdering his half-sister on a rural Copperopolis road in 2019 will be retried in Calaveras County Superior Court this month after his initial July trial ended with a hung jury.
David Fagundes, 42, is additionally charged with arson and a special allegation of torture, with several enhancements due to the nature of the charges. He was found guilty of resisting arrest and issuing violent threats in his previous trial.
Fagundes allegedly stabbed the victim, Toni Jilbert, 49, of Manteca, and left her to die in his burning Chevrolet HHR.
Jury selection is underway and the trial is scheduled to begin on Nov. 30. According to Deputy District Attorney Jeff Stone, it is expected to last the same duration as the previous trial, which was seven days.
The prosecution has listed the same 29 witnesses that were called to testify in the previous murder trial, many of whom were first responders to the scene of the crime and witnessed a standoff between Fagundes and law enforcement officers.
Fagundes’ previous trial resulted in no verdict due to one lone member. Jurors stated after the trial that a lack of understanding of circumstantial evidence was a reason for the hold out, with 11 of 12 total jurors leaning in favor of guilt.