CA - Robert Spohr, 70, fatally shot & Wendy Wood, 68, shot at home, Lake Tahoe, 5 June 2021 *arrest*

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I wonder if the children were brought into the house by Scott, and left the house when she left?

Or possibly the children were left alone somewhere -- their home or a vehicle -- while the two adults committed the murder/attempted murder?

I could see either situation resulting in endangerment charges.

MOO
 
Betty P said:
I wonder what they were stealing? Just looking for anything of value? Did the daughter Erin provide them with information about certain high value possessions?
Click to expand...

In Placer County, CA, you don't have to steal anything to be charged with burglary:

California Penal Code 459 covers the crime of burglary. Often referred to as “breaking and entering,” burglary is defined as the act of entering a premise with the intent of committing a felony or stealing property. It is a common misunderstanding that in order to be charged with this offense that you must actually “break” into a locked building or structure. You can be charged with breaking and entering even though there is no forced entry. Therefore, if you walk into an open garage planning to take tools that are lying on a workbench, you can be found guilty.

It is also a misconception that you must enter a building or home to be guilty. The courts use a broad definition of building for the purpose of deciding a burglary case. The term “building” has included structures such as a telephone booths, storage buildings, and animal pens. For example, you can be charged with this offense if you simply walk onto a loading dock planning to steal property on the dock. Auto burglary is the only instance where the “premise” must be locked in order to constitute this crime.

Whether you actually take the property is irrelevant to pc459 because it is your “intent” to steal property rather than the actual theft that makes you guilty under Penal Code 459.

The two elements that a prosecutor must prove in order for an individual to be found guilty under Penal Code 459 are:

  1. The individual entered a building, room within a building or a locked vehicle, and
  1. When the individual entered the premises or automobile; he or she intended to commit a felony offense.
California Penal Code 459
 
Prior to the arrests LE and/or the family were looking for video from 8:30 pm to 10:30 pm of the suspect leaving the house. So the shootings much have happened around 8:30 pm. WWS didn't make her call until 10:00 pm.
 
dotr said:
abc13.com

Danny Serafini murder case: Tahoe couple shot by former MLB player son-in-law, court documents say

Court documents allege former Major League Baseball player Dan Serafini shot and killed his father-in-law and shot his mother-in-law during a home burglary in 2021.
abc13.com abc13.com
''A newly released criminal complaint filed in Placer County Superior Court on Oct. 18 alleges Serafini used a .22 caliber firearm in the murder. He is also facing charges of special circumstances for lying in wait.

Serafini and Scott are both accused of attempted murder in connection with the shooting of Wood. The documents allege the attempted murder was "willful, deliberate and premeditated."

According to the documents, Serafini and Scott are also accused of burglary. The documents allege they unlawfully entered the home and trailer coach of Spohr and Wood with the intent to commit theft.

The documents also shed light on allegations of child endangerment that Serafini also faces. The two children, ages 3 years and 8 months, were put in some kind of danger, mental or physical, in connection with the crime, according to the documents.''
Click to expand...
I wonder what role the trailer coach played in the murders. Like others asked, were the children in the trailer? Where was it located? It's not in the driveway. Was it driveable or stationary?
 
Seattle1 said:
In Placer County, CA, you don't have to steal anything to be charged with burglary:

California Penal Code 459 covers the crime of burglary. Often referred to as “breaking and entering,” burglary is defined as the act of entering a premise with the intent of committing a felony or stealing property. It is a common misunderstanding that in order to be charged with this offense that you must actually “break” into a locked building or structure. You can be charged with breaking and entering even though there is no forced entry. Therefore, if you walk into an open garage planning to take tools that are lying on a workbench, you can be found guilty.

It is also a misconception that you must enter a building or home to be guilty. The courts use a broad definition of building for the purpose of deciding a burglary case. The term “building” has included structures such as a telephone booths, storage buildings, and animal pens. For example, you can be charged with this offense if you simply walk onto a loading dock planning to steal property on the dock. Auto burglary is the only instance where the “premise” must be locked in order to constitute this crime.

Whether you actually take the property is irrelevant to pc459 because it is your “intent” to steal property rather than the actual theft that makes you guilty under Penal Code 459.

The two elements that a prosecutor must prove in order for an individual to be found guilty under Penal Code 459 are:

  1. The individual entered a building, room within a building or a locked vehicle, and
  2. When the individual entered the premises or automobile; he or she intended to commit a felony offense.
California Penal Code 459
Click to expand...

I've seen this charged used in similar fashion for other murders. Prosecutors sometimes add these to make sure the killer gets a long sentence - burglary, by breaking into the victims home to murder them, use of a firearm, use of a silencer, etc.
 
Betty P said:
I've seen this charged used in similar fashion for other murders. Prosecutors sometimes add these to make sure the killer gets a long sentence - burglary, by breaking into the victims home to murder them, use of a firearm, use of a silencer, etc.
Click to expand...
Yes, it serves dual purpose as both a bump to "felony murder" (not applicable here) and punishment enhancer. Insurance for at least one guilty charge if all else fails.
 
Betty P said:
It seems unlikely. I hope not. Remember, the victims dogs were there. It was believed they helped awaken Wendy so she could call 911. IDK, I hope Serafini wouldn't do such a horrible thing.

Perhaps there's other video that LE didn't release showing the nanny or wife or someone coming by the victims house later, before Wendy and Bob got home. I think I'm trying to find a scenario where the kids didn't witness the murder/shootings. I just can't imagine someone doing that to children.
Click to expand...
I don't think he'd shoot them in front of the children. But they are very young. They were probably in another room, or the coach, sleeping or playing. JMO
 
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IMO Scott picked up Serafini after the murder and the children were with her?
<modsnip - quoted post was removed>
 
Last edited by a moderator:

It appears the children were the “non-participants” in the murder and were IN the home (not the trailer coach-which I assume is an RV of some sort) If it was an adult they would have called 911:

NONPARTICIPANT
I t i s further alleged as to DANIEL JOSEPH SERAFINI & SAMANTHA
MARIA SCOTT that another person, who was not an accomplice of the
defendant, was present in the residence during the commission of the above offense, and that the above offense is thereby a violent
felony pursuant to Penal Code section 667.5 (c) (21).
 
www.cbsnews.com

"She destroyed my mom and dad's life": Daughter of Tahoe shooting victims speaks out during suspect's court hearing

One of two suspects accused in a 2021 Lake Tahoe-area murder mystery faced a judge for the first time Monday along with the victims' family. The victims' youngest daughter, Adrienne Spohr, gave emotional testimony in court.
www.cbsnews.com www.cbsnews.com

Spohr said Scott destroyed her parents' lives but stayed close to the family during her mother's difficult recovery process.

"Even after the shooting, she continued to make herself present around our family, spending time around my mom while my mom was going through rehab," Spohr said.

She revealed Scott and Serafini, who are both now behind bars for the deadly shooting, accompanied the family on a vacation in 2021 to celebrate Wood being released from the hospital.

"How sick of a person you have to be to want to look at your victim and see them struggling. It is beyond comprehension and is just awful," Spohr said.
 
This is news coverage of the court appearance, which has been posted. Adrienne Spohr said she wasn’t surprised by Dan Serafini’s arrest and she believes Samanatha Scott is guilty, saying ‘the truth will come out’. She wouldn’t comment on her opinion about her sister Erin’s possible involvement, but said she wishes Serafini had never met her sister. Scott looked blank at the hearing and Serafini looked grim and downcast, imo.
 
KT Can said:
Any updates on this case?
Click to expand...
www.cbsnews.com/sacramento/news/preliminary-hearing-for-high-profile-2021-tahoe-murder

Two suspects in a high-profile 2021 Tahoe murder case waived their right to a speedy trial on Monday. Now, the case will take months to play out as the preliminary hearing was set for next year.

The date was set for May 2024, which is when the judge decides if there's enough evidence to move forward with a trial. So far, it's not clear what that evidence is or what the motives are in this two-year murder mystery.
 
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