A Torrance Superior Court Judge refused to reduce the charges against a Hermosa Beach man accused of murdering his girlfriend on New Year’s Eve.
David Abbott will be arraigned next month after Judge Mark Arnold declined a motion to reduce the charges to manslaughter based on Abbott’s blood-alcohol level at the time of the incident. Abbott’s attorney, George Bird Jr., said his client will enter a “not guilty” plea on Nov. 8, and a trial will be set for next year. As is customary for defense attorneys in preliminary hearings, Bird did not present any witnesses on Thursday.
Deputy District Attorney Ann Lee presented several witnesses, including a neighbor who testified that he heard Abbott threatened to kill Samantha Sproson before counting down to zero twice.
The neighbor said the common walls at the Seahorse Apartments on Manhattan Avenue are thin enough to hear conversation, and he was awakened by Abbott and Sproson talking loudly before 5 a.m. on Dec. 31, 2011.
“The first thing I heard was Dave asking Samantha for his clip,” the neighbor said.
Sproson responded to Abbott’s repeated inquiries that she did not know where the gun clip was located, and that she didn’t know what he was doing, the neighbor said, adding that the two were not yelling, but their voices where louder than normal conversation.
“He asked her to give it to him more times,” the neighbor testified. “He said, ‘I don’t need it. I still have one in the chamber.’”
“He said, ‘I will shoot you’ and counted down from one to ten,” said the neighbor. “Nothing happened.”
Abbott was heard counting down again, this time from three to one.
“About 15 to 30 seconds after that, I heard a pop and that’s the last I heard of anything… I thought it was a gunshot, but it wasn’t very loud,” said the neighbor, adding that he waited two to three minutes before calling police.
“When I first heard it, in my mind, I was like did he really shoot her? I wasn’t sure what to do. I wasn’t sure what I was going to do. Do I call 911? I was running all these things through my head,” said the neighbor.
After hearing what might be furniture being moved around, the neighbor acted.
“I thought maybe he’s moving the body and I called 911,” said the neighbor.
Abbott, 33, and Sproson, 38, both lived at the 12-unit apartment complex in their own unit. The two were known to have been dating.
Sproson was an MBA business consultant, and had been working for the SmallBusiness Development Center at El Camino College. Abbott worked at his uncle’s business for at least 14 years.
Hermosa Beach Police Officer Mark Smuts testified that he and his partner were the first to arrive at Sproson’s apartment and found Abbott standing outside Sproson’s ajar front door. Police arrested Abbott after questioning, and Smuts testified that he found a 9-millimeter bullet and shell casing in Abbott’s jean pockets.
Sgt. Sandra Nava of L.A. County Sheriff’s Department testified that she and her partner found the handgun determined to have been used to shoot Sproson under Abbott’s mattress in his apartment. The gun’s magazine was found by Hermosa Beach police on the floor in Sproson’s apartment, Nava said.
Deputy Medical Examiner Susan Frances Selser testified that Sproson was shot behind the left ear at close range, estimating the gun was held within 18 to 24 inches from her head.
Other evidence presented at Thursday’s preliminary hearing included the results of blood testing on Abbott’s clothes found to be Sproson’s, and a fired bullet was found to contain Sproson’s blood as well.
The blood-alcohol level of Abbott as measured about four hours after his arrest that morning was found to be .25 percent. Sproson’s blood-alcohol level was determined to be between .15 to .19 percent, according to a toxicology report.
Bail for Abbott, who attended Thursday’s preliminary hearing and is in custody at L.A. County Jail, remains at $2 million.
Previously: Boyfriend arrested in fatal Hermosa Beach shooting
Previously: $2 million bail in Hermosa Beach killing
Previously: Friend: Slain Hermosa Beach woman was threatened
