Defense Blames LSD for Client's Stabbing of 8-year-old

March 23, 2010

An accused man’s lawyer admitted in closing arguments on Monday that his client was guilty of stabbing three people—including an eight-year-old girl—but said the assaults were not premeditated because the client had taken an excessive amount of illegal drugs that precluded premeditation in the alleged attempted murders.

Kyle Rubin, 21, of Newbury Park is accused of entering a home in the early hours of Oct. 25, 2007, and using a kitchen knife from that residence to cut the throat of the sleeping girl before attacking the girl’s mother and attempting to slice her throat as well. Authorities say the accused had earlier illegally entered another residence and stabbed a sleeping man before a woman in the room when the victim awakened and recognized him.

Todd Howeth, Rubin’s lawyer, said in closing arguments that the accused “committed the crime of assault with a deadly weapon. Howeth, who is with the Ventura County Public Defender’s office, urged jurors to consider Rubin’s mindset during the incidents to determine whether or not he intended to kill the three victims.

Prosecutor Tate McCallister, meanwhile, said in his closing arguments that Rubin told detectives following the alleged crimes that he “wanted to go out with a bang” and “wanted everyone to feel some of the pain,” as jurors saw in a videotaped interview.

Rubin is also accused of one count of attempted residential burglary and three counts of residential burglary. The case was turned over to the jury Monday afternoon.

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