Press Release
FOR IMMEDIATE RELEASE
Date: 10/15/2009

Santa Rosa, Sonoma County, California

MURDER CONVICTION AND TORTURE ALLEGATIONS UPHELD

District Attorney Stephan Passalacqua announced today that the Court of Appeals affirmed the First Degree Murder conviction of Andrew Dale Powers. In August 2009, the Court of Appeal for the First Appellate District issued their ruling.

District Attorney Passalacqua stated, “We are pleased that the Court found that the defendant received a fair trial and that they upheld the jury’s guilty verdict. This dangerous defendant should not have an opportunity to ever return to our community.”

On December 22, 2006, a jury found Mr. Powers guilty of first degree robbery and first degree murder and found true that the murder was committed with the special circumstances of burglary, robbery and torture. They also found that the crime benefited a criminal street gang. On December 19, 2003, Darin James Bond was beaten and stabbed to death during the course of a home invasion robbery to secure marijuana.

The reviewing Court determined that the defendant knowingly and intelligently waived his Miranda rights and the trial judge’s rulings regarding the admissibility of the defendant’s statements were correct. Further, the Appellate Court agreed with the Trial Court’s denial of a motion for new trial based on the defendant’s claim that his trial counsel was ineffective and failed to fully investigate and discuss the case.The Appellate Court found that the trial record did not support the assertion that defense counsel was inadequately prepared for trial.

Mr. Powers is currently serving a life sentence without the possibility of parole.