Trial of felon accused of killing man for causing puppy’s death underway
The prosecution was expected to rest this week in the trial of a 38-year-old convicted felon accused of killing his helper at an illegal marijuana grow in Anza after the man accidentally caused a vehicle to roll onto a puppy, fatally injuring the animal.
Benjamin Franklin Winkle allegedly killed 37-year-old Michael M. Mendoza in 2021.
Winkle is charged with murder, witness intimidation, being a felon in possession of a firearm and sentence-enhancing gun and great bodily injury allegations.
The prosecution opened its case-in-chief Monday at the Southwest Justice Center in Murrieta and continued calling witnesses Tuesday and Wednesday. The last witnesses were expected to take the stand Thursday or Friday.
Winkle is being held in lieu of $1 million bail at the Byrd Detention Center.
According to a trial brief filed by the Riverside County District Attorney's Office, the defendant operated an unlicensed marijuana grow adjacent to his remote home at Indian Paint Brush Road, near the Cahuilla Indian Reservation.
His only help was a hired hand, Mendoza, who tended to the grow site almost daily, prosecutors said.
On Oct. 6, 2021, Winkle was planning to take a road trip and retrieved a travel trailer that he intended to hook onto his Chevrolet Silverado pickup. The brief stated that the defendant was taking care of his girlfriend Layla Nottingham's puppies from a litter born at her kennel. Nottingham was elsewhere at the time.
The defendant was relying on Mendoza's assistance to hitch the trailer to the pickup, but the men ran into trouble when one of the Chevy's tires became stuck in the process, according to the brief.
Mendoza was attempting to free the pickup when a tire rolled over one of the puppies, court papers said.
According to the prosecution, Winkle's only neighbor, Thomas Sarafolean, had just returned home and walked over to see what was going on when he heard the defendant yell, "You ran over my dog! You killed my dog!"
The defendant allegedly was armed with a Glock .45 semiautomatic pistol and brandished it at Mendoza, who told him that he wouldn't shoot. However, sheriff's investigators alleged that Winkle opened fire, unleashing a half-dozen rounds. An autopsy later showed that Mendoza was struck in the neck, chest, thigh and one hand, according to the brief.
He died on the spot.
Winkle forced Sarafolean at gunpoint to drive him away from the property, with the idea of going to San Diego to hide out, but the witness was able to bail out of his vehicle a short distance away and run to a friend's house for help, court papers said.
Winkle then fled the area, managing to reach an ex-girlfriend's house in Placer County a few weeks later. The woman, Emily Morris, later told detectives that the defendant turned her into a chauffer, taking him to Vacaville, Fairfield and Colfax to meet individuals she didn't know. In the last week of November 2021, the two were staying at a motel when Winkle finally related why he had fled Southern California.
"The defendant referred to himself as a bear, and said Michael poked the bear and got attacked,'' the brief said.
A squabble ensued, during which Winkle allegedly punched Morris in the face, prompting her to call 911. Placer County sheriff's deputies arrested him without incident, confirming he had a fugitive warrant out of Riverside County, prosecutors said.
Intrastate extradition proceedings began immediately, and Winkle was returned to Southern California days later.
Court records show he has a prior assault conviction out of Solano County and a prior misdemeanor conviction in Riverside County for being an unlicensed operator of a motor vehicle.
