Derlyn Ray Threats

Case overview

Derlyn Ray Threats was a former Camp Pendleton Marine sergeant. He was convicted of first-degree murder with special circumstances in the death of 24-year-old Carolyn Neville, who was tortured and fatally stabbed.

Threats was sentenced to death on August 18, 2010.

The offence

Carolyn Neville had just returned home from dropping her 6-year-old son at school when she was ambushed at her unlocked Vista home. Her screams prompted 911 calls from neighbors.

Neville was stabbed more than 70 times. The final blows were from garden shears that Threats got from his garage. Blood stains and other evidence suggested the struggle with her assailant stretched throughout the two-story home.

The authorities believed Neville, an employee of Shadowridge Country Club, had walked in on a would-be burglary. Threats had been stealing video games from Neville’s Vista home before the killing.

Threats was found with the victim’s blood splattered on his clothing.

Victim and family impact

Carolyn Neville’s husband, Stephen Neville, addressed the court during Threats’ sentencing hearing. He said:

"This is a very vicious ... one of the worst, catastrophic events to take place in my life. I'll not rest comfortably until I see you take your last breath," He also said he regretted not having been able to stop the crime: "Not being there that day has left a psychological scar I'll never recover from," He said the killing was hardest on his 6-year-old son, who: "who's not going to have a mother by his side while he grows up." The couple had been married for 13 months when she was killed. Stephen Neville later remarried and successfully petitioned to change the name of his west Vista street from Diablo Place to Via Angelica.

Threats did not speak during the sentencing hearing, and his wife was barred from testifying because she allegedly insulted a sheriff’s deputy.

Investigation and arrest

Deputies who responded spotted a man vaulting Neville’s backyard fence. They caught Threats a few houses down.

According to testimony, Threats was shoeless and was wearing blood-stained socks. He was found with a stun gun and a bloodied wooden stick similar to a hammer handle stuffed down the legs of his sweatpants.

Trial

Threats was convicted last year of first-degree murder with special circumstances in the Sept. 1, 2005 death of Carolyn Neville.

Jurors recommended that Threats be put to death. The jury deliberated just over six days.

After the verdict, Threats did not make a statement. He looked toward his wife and family members seated in the Vista courtroom as he was handcuffed and led to jail. One female juror held her hands over her heart and closed her eyes as she answered “yes” to whether she agreed with the verdict. There were no outbursts after the reading, and several supporters of Carolyn Neville nodded with apparent approval.

Jury misconduct issue

Defense Attorney Wil Rumble unsuccessfully tried to persuade Vista Judge K. Michael Kirkman to grant a new trial because of jury misconduct. Rumble alleged that jurors considered the fact that Threats didn’t testify in his own defense and conducted outside research. Kirkman disagreed, saying:

“may have misinterpreted many things that were said and done. The jurors did all that we could possibly ask of them.” Outside court, Rumble called the evidence of jury misconduct “overwhelming.” He said: “So not only did Mr. Threats lose today, society and our self-government form of government lost today,” “That's why lady justice is crying.”

Sentencing

The jury recommended death for Threats.

At the sentencing hearing, Deputy District Attorney Patrick Espinoza addressed the court. He called the killing “sadistic -- just a level of horror (with) unspeakable acts,” and said Threats was found at a nearby home with the victim’s blood splattered on his clothing, providing “damning, compelling evidence of guilt.”

Wife barred from testifying; automatic appeal position

Outside court, Threats’ wife, Isabel, said there would be an automatic appeal if the judge sentenced her husband to death. She said:

“Of course we will fight this,” and held a box containing a belt and the many ties her husband wore to court during the six weeks of trial and jury deliberations. She also said: “Derlyn's innocent. He did not commit this murder.”

Timeline

• Sept. 1, 2005 — Carolyn Neville was killed at her unlocked Vista home after Threats was believed to have walked in on a would-be burglary; her body was found with as many as 70 stab wounds.
• December 4, 2009 — A jury recommended that Threats be put to death for the 2005 killing and torture of Carolyn Neville.
• January 5 — K. Michael Kirkman would decide whether to accept the jury’s recommendation or sentence Threats to life in prison.
• August 18, 2010 — Threats was sentenced to death.

Other details

• Jurors convicted Threats of the 2005 killing with special circumstances.
• Threats was convicted by the same jury of eight men and four women.
• The victim’s body was found Sept. 1, 2005.
• Authorities described the neighborhood as Breeze Hill in Vista, where the killing prompted late morning calls and 911 calls from neighbors.
• The evidence included blood stains and other evidence suggesting the struggle occurred throughout a two-story home.
• Threats was described as a former Camp Pendleton Marine sergeant.
• The victim was 24 years old; Threats was 29 at sentencing and 28 at the time of the jury recommendation.
• Deputy District Attorney Patrick Espinoza made the statements about the killing and the evidence of guilt.
• Judge K. Michael Kirkman made the statement regarding the alleged jury misconduct.