Bakersfield man seeks prison release roughly 40 years after conviction

Oct. 30—Eighty-year-old Doris Shotwell knows she's too old to be fasting without food or water for consecutive days.

But the Bakersfield mother sees little choice when her son has been locked up for roughly 40 years for a murder where he didn't pull the trigger. Praying to God about her children and fasting are her steadfast ways to hope for 60-year-old Cedric Struggs' release.

"I haven't lost my faith at all," Shotwell added. "I believe that he's going to get out."

Her prayers aren't the only hope Shotwell currently harbors. The passage of a new law, Senate Bill 1437, changed the definition of felony murder, which could result in Struggs' release.

"I think he has a good, strong case that he could now not be convicted of felony murder," Deputy Public Defender Cynda L. Bunton, who represents Struggs, said in a phone interview Friday.

Could a toothless grin have prompted murder?

Three men entered the office of a Hudson Oil gas station in the early morning hours of July 16, 1980 to confront two others, according to an opinion by the 5th District Court of Appeal in Struggs case.

Two were shot. One didn't survive.

One of the three who entered the gas station brandished a small revolver toward Alfred Joe Dishman and demanded he give them money. But Dishman had a perpetual grin on his face because he had no teeth, according to the appeals opinion.

Dishman covered gray money bags labeled "Bank of America" and "Hudson Oil" with his arm, but was shot by Ronald Robinson in the chest. Dishman died immediately.

The three robbers — Robinson, Struggs and Phillip Carter — ran out of the store with $2,500, the appeals opinion said. Robinson shot Nettie Sanchez in the right shoulder while racing out, but Sanchez survived.

But attorney Bunton, representing Struggs, said there was only one person near Dishman when he died.

"And, it all happened really fast," Bunton added.

This newspaper published a story about the homicide and robbery the next day in 1980 and offered a $1,000 reward for information about the incident. A man named Leonard Hickman read the paper and contacted The Californian with descriptive details about the robbery's suspects.

The paper's Secret Witness coordinator at the time told police that Hickman could identify the three men involved in the shooting. Later that day, The Californian printed another story saying Hudson Oil was offering $5,000 for testimony leading to convictions.

Hickman reached out to police for the $5,000 reward but police withheld it until he agreed to testify and a conviction. He recounted to police a conversation with Robinson, Carter and Struggs after the robbery.

Struggs said he and his friends went to the gas station to scare the attendant, snatch the money and run, Struggs told Hickman, according to a brief filed in the Fifth District Court of Appeal by current California Attorney General Rob Bonta requesting a new evidentiary hearing for Struggs under SB 1437.

But Dishman's perpetual grin and iron grip on the money bags led Robinson to shoot him, Struggs told Hickman, according to Bonta's brief.

Both Carter and Struggs were jailed for unrelated charges when police placed them in nearby interrogation rooms. Bakersfield Detective Munoz told Struggs that his cooperation could lead to him only being prosecuted for the robbery and not the murder.

After police left, Carter and Struggs discussed getting their stories to coincide, and both men made "admissions" of the crime, Bonta's brief said. Munoz had left a tape recorder playing and recorded their conversation.

Sanchez, the second victim, identified Robinson and Carter, but couldn't identify Struggs in a lineup, the brief added.

Struggs was eventually found guilty of first-degree murder, assault with a deadly weapon and robbery. He was sentenced to 26 years to life in 1981 by a Kern County jury.

A spokesman for Bonta wrote in an email Friday that the attorney general agreed this case should be remanded to trial court for a new hearing about the potential applicability of SB 1437.

The appeals process

Struggs appealed his conviction in 1983, but an appeals court affirmed the trial court's decision, according to Kern County Assistant District Attorney Joseph Kinzel, spokesman for the DA's office.

Struggs became eligible for parole in 2003, but was not granted parole by the Board of Parole Hearings. He was most recently denied parole in May 2022 for five years. It is unclear why the parole board rejected his request.

In 1980, the law said if a co-conspirator committed a murder during a violent crime, then conspirators of the violent crime could be found guilty of murder "even if murder was not part of the plan, and even if only one person was the 'actual killer,'" Kinzel wrote in an email.

The theory behind this felony murder liability was that if a group of people decided to participate in violent and dangerous crimes, and a killing happens during that crime, all the conspirators should be held accountable for the murder, Kinzel wrote.

But a new law changed the definition of felony murder liability. Senate Bill 1437, which became effective Jan. 1, 2020, said anyone could be convicted of felony murder if the following factors are met: The person must have committed the killing or had the intent to kill; aided or abetted the actual killer; must have been a "major participant in the crime;" and must have acted with reckless indifference to human life.

Struggs filed a petition under SB 1437 to vacate his conviction. Kern County Superior Court Judge Michael Bush denied his petition because he was still a "major participant" in the robbery and acted with "reckless disregard to human life," because he was present during the actual armed robbery and was a part of its planning, Kinzel wrote.

"The judge noted specifically that the plan for the robbery included the use of a firearm to at least intimidate and seek compliance from the victims," Kinzel continued.

Struggs appealed his decision to the Fifth District Court of Appeal, which sided with Struggs and sent the case down to the trial courts to determine if his murder conviction should be vacated.

A hearing to determine the outcome of Struggs' murder conviction is set for Nov. 29. Both sides could call witnesses with new evidence.

Deputy Public Defender Bunton, who represents Struggs at the trial court, said the hearing was continued because the deputy district attorney on the case wanted more time to review trial transcripts. Trial transcripts would be the evidence used for the court to make a decision, she added.

Bunton said the DA would have to stipulate that Struggs was not the actual killer, but then prove whether Struggs acted with "reckless indifference to human life" and was a "major participant" in the underlying crime.

Almost every witness in this case is dead, which could make it difficult for both sides to argue the case, she added. Attorneys will rely on trial transcripts to determine facts of the case, but Bunton added there was no discussion during the 1980 trial about Struggs being a major participant in the crime and whether he acted with reckless disregard for human life.

Robinson, who actually pulled the trigger, could be called upon by Bunton to testify, the attorney said.

"The District Attorney's Office has previously, and continues to oppose Struggs' attempt to vacate the murder conviction," Kinzel wrote.

If Struggs is successful, his murder conviction could be vacated and he would be resentenced on remaining charges, "likely to a term that does not include a life sentence," Kinzel noted.

"In such a scenario, he could be released almost immediately because of the amount of time he has already served," Kinzel continued.

A family divided

Edward Shotwell knows the pain death evokes after losing someone close.

It's the same feeling without Struggs around in his life. Edward Shotwell is the younger brother of Struggs.

Struggs wasn't there to cheer him on at basketball games at Foothill High School or teach him about cars, he said.

Doris Shotwell, the mother, said her family has visited Struggs about 10 times over the past 40 years because ailments that plagued her family deterred them from visiting.

Shotwell showed reporters letters from Robinson and her son while being interviewed in south Bakersfield. Her son talks about being on a CPAP machine and has difficulty breathing.

"Continue to keep the faith and pray!" Struggs wrote to his mother Oct. 24.

At 80 years old, Doris Shotwell wants to see him before she passes. She said they already have plans — Struggs, at 60, wants to talk with kids about his experiences in prison.

"I miss him a lot," Shotwell said.

Robinson will often write to Doris Shotwell as well. He's her nephew.

"I am truly remorseful for the death that I caused and the pain that I inflicted on the victim's family, friends and community," Robinson wrote in a letter dated Aug. 18, 2015. "I am also remorseful for all the years that I caused Cedric to spend in prison."

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.