The People v. David Wayne Sconce

Facts

Estephan served divorce papers on Cindy in June, 1985. The defendant referred her to an attorney. The defendant accompanied Cindy to the first meeting with the lawyer. One of the assets she mentioned during the meeting was a $ 250,000 insurance policy on Estephan’s life which named her as beneficiary.

A witness testified that in late summer of 1985, the defendant stated “if he gave me $10,000, would I get rid of Elie [Estephan], but, you know, I just shook my head, and we just walked by. That was the end of the conversation.”

Another witness, Garcia, testified the defendant asked him “about someone being murdered, and if I knew anyone who would do it.” The defendant told him “a friend wanted someone killed.” The defendant offered him $10,000 or $15,000 to commit the murder. He told the defendant he would either find someone to do it or that he would do it himself.

On a phone call a few days later, the defendant told him that Estephan “had a large insurance policy and he just wanted him murdered to collect the insurance money.” The defendant gave Garcia the impression that the defendant and Cindy were plotting Estephan’s murder.

Approximately one week later the defendant and Garcia went to a Jack-In-The-Box across the street from Estephan’s gas station. The defendant used binoculars to point Estephan out to Garcia. The defendant later gave Estephan’s address to Garcia. One night shortly thereafter, Garcia drove to Estephan’s house.

Garcia then contacted Herbert Dutton (Dutton), an ex-convict who lived next door to him, about committing the offense. Dutton agreed to do the job for $5,000. That same night, Garcia and Dutton drove to Estephan’s house. On the way there they discussed whether to blow up Estephan’s car or shoot him on the freeway. They settled on the former because Dutton had explosives and no one would have to pull the trigger. They intended to plant the bomb, run a wire to it from three houses away, and wait for Estephan.

Conversations between the defendant and Garcia about the matter were brief but continued over a three-week period. The defendant would ask Garcia, “Is he still walking today[?]” Garcia would respond that “we” would take care of it. Approximately three weeks after the defendant’s initial conversation with Garcia, the defendant “just called it off. He said just forget about it, disregard doing it.”

The defendant was charged by information for conspiracy to commit murder. The trial court set it aside, holding that the defendant effectively had withdrawn from the conspiracy. The Government appealed.