On Thursday, the Board of Parole Hearings denied parole for convicted murderer 51-year-old Richard Lugo Guerrero, a resident of Clearlake. Deputy District Attorney Art Grothe attended the lifer hearing to argue against Guerrero’s release.
Guerrero was found guilty by a jury on April 13, 2000 of the second degree murder of 29-year-old Mark Anthony Boyer. The jury also found the special allegation that Guerrero used a gun and caused great bodily injury or death to be true. Guerrero was originally prosecuted by District Attorney Stephen O. Hedstrom. On May 19, 2000 Guerrero was sentenced to 44 years to life by Judge David W. Herrick. At the sentencing hearing, Judge Herrick stated that he had not seen or noticed any remorse by Guerrero, and noted that Guerrero continued to deny committing the offense. The Judge also indicated that he could not understand why Guerrero killed the victim.
Prior to the murder, Guerrero had been convicted of a felony robbery in Texas, several DUIs in California, and resisting arrest and marijuana possession.
According to investigation reports, On Nov. 15, 1998, the Clearlake Police Department received a report of four to five gunshots being heard in the vicinity of All American Video on Lakeshore Drive. When officers arrived, they found Mark Boyer dead. Approximately 30 minutes prior to the shooting, there was a disturbance involving Approximately 25 people at the Chart House Bar. During that disturbance, a police officer observed Mark Boyer walking with another male seated in a wheelchair.
After the shooting, investigators determined the person seated in the wheelchair was Esa Jacobo, an individual known to officers. Investigators also identified the person pushing the wheelchair as Richard Guerrero. Further investigation turned up witnesses who indicated Guerrero was the individual who shot the victim. Jacobo eventually informed officers the weapon used to shoot the victim belonged to Jacobo’s stepfather and was hidden behind a refrigerator in Jacobo’s residence. During the investigation Guerrero denied shooting the victim, but eventually told officers “I did it”. A forensic pathology examination determined the victim was shot six times.
At the parole hearing, the parole commissioners discussed Guerrero’s conduct and history while being incarcerated in the state prison system. His history of rules violations while in prison indicated Guerrero had been in possession of drug paraphernalia, weapons, and promoted gang activity. At the conclusion of the hearing, after argument from Guerrero’s attorney as to why he should be paroled, and from Deputy District Attorney Art Grothe as to why he should not be paroled, the parole commissioners issued a five-year denial of parole. Guerrero will receive another parole hearing some time in 2027.
