Murder trial in shooting of Turlock intruder to start next week

A trial is likely to begin Tuesday for a Turlock man accused of murder in the July 2013 shooting of a suspected intruder.

Prosecutors say Robin Boyer, now 62, shot 25-year-old Brandon Pacheco in the back after catching Pacheco stealing from his property.

Boyer, defense attorney Kirk McAllister and Deputy District Attorney John R. Mayne appeared before Stanislaus Superior Court Judge Ricardo Córdova on Friday morning. The attorneys are awaiting a report from an expert McAllister has retained, which could necessitate a brief delay, the judge was told.

Córdova said he will hear motions Tuesday, with jury selection to begin Wednesday if there are no delays.

The shooting occurred shortly before 8 a.m. July 23, 2013, at Boyer's home on the rural property in the 1100 block of Dianne Drive in Turlock.

At a preliminary hearing in January 2016, the judge said the first shot was a warning; the second shot was fired at Pacheco as he was leaving the property.

McAllister has argued that his client thought he had fired the second shot above Pacheco, and his intent was only to scare Pacheco.

Boyer remains in custody at the county jail.

This story was originally published January 13, 2017 at 10:10 AM with the headline "Murder trial in shooting of Turlock intruder to start next week."