Modesto man accused of killing wife, her two sons returns to court

A defense attorney on Monday asked a judge to postpone a bail review hearing for his client, a Modesto man accused of killing his wife and her two sons last month.

Oscar Daniel Espinoza, 28, is charged with three counts of murder in the deaths of his Tiffany Espinoza, their son Edward Espinoza, 4, and his stepson Spencer Giese, 9.

The 30-year-old mother and her children were found dead shortly after 7 p.m. on June 17 at their home in the 1600 block of Bay Meadows Drive in north Modesto. Espinoza was found outside the home with what appeared to be self-inflicted wounds.

Deputy Public Defender Marcus Mumford asked the court to delay the hearing because he is expecting to receive more evidence from the prosecution. He also asked because the Stanislaus County District Attorney’s Office has not decided how it will proceed in Espinoza’s case.

Deputy District Attorney Blythe Harris on Monday told the judge that prosecutors have not decided whether they will seek the death penalty against Espinoza. A special circumstance allegation in the criminal complaint against Espinoza makes the case eligible for the death penalty.

Stanislaus Superior Court Judge Dawna Reeves scheduled Espinoza to return to court Sept. 15, when Espinoza’s attorney can ask the judge to set a bail amount for his client. The defendant remains in custody at the county jail, where he is being held without an opportunity to post bail.

Espinoza sat quietly next to his attorney during the brief hearing Monday morning. He only spoke when he told the judge he was willing to waive his right to a preliminary hearing in a timely manner.

Officers found the victims after two visits to their home. Tiffany Espinoza’s family had not heard from her for about 24 hours, so they asked police to check on her. Modesto police went to her home about 6:30 p.m. June 17, but nobody answered the door. About 30 minutes later, officers returned to the home after receiving a report there was a bloodied man on the front porch and others possibly injured inside.

Police officials have said the attack on the three victims occurred on the night of June 16 or the early morning hours of June 17, based on evidence at the scene.

The criminal complaint includes enhancements that allege Espinoza acted with premeditation and used a baseball bat in the deaths of his wife and the two boys.

This story was originally published July 10, 2017 at 10:31 AM with the headline "Modesto man accused of killing wife, her two sons returns to court."