Judge grants petition to release man serving 41-year prison sentence for a killing he didn't do
Jan. 6—Gasps of wonder and excitement filled a courtroom Thursday after a Kern County Superior Court judge granted the release of a Bakersfield man serving a 41-year sentence for a murder in which he didn't kill a person.
The family members of Cedric Struggs looked at each other with joy as Judge Gregory Pulskamp announced prosecutors failed to prove beyond a reasonable doubt elements required by Senate Bill 1437, or the law Struggs cited in his petition to be released. Passed in 2019, SB 1437 narrowed the definition of felony murder from the 1980 definition used to convict Struggs.
"I said 'Hallelujah!' I was so glad that the judge granted it," said Struggs' mother, Doris Shotwell, 80. "It was just a good feeling."
Struggs was convicted in 1981 of first-degree murder, assault with a deadly weapon and robbery in the shooting death of Alfred Joe Dishman and the shooting of Nettie Sanchez. He was sentenced to 25 years to life, plus an additional year for a firearm enhancement.
Pulskamp granted Struggs' petition Thursday because Struggs' conviction doesn't stand under the new definition — the defendant didn't commit the killing, act with an intent to kill, was a major participant in the underlying crime or act with reckless indifference to human life. These four elements define felony murder under SB 1437.
In 1981, a person could be convicted of murder if present when a killing happened.
Assistant District Attorney Joe Kinzel noted after the murder conviction was vacated that Pulskamp could replace it with the robbery and assault with firearm sentences. This allows the record to reflect Struggs' convictions outside of murder in this case.
Struggs was also denied a previous appeal in his case and parole several times. He could be released on parole, Kinzel noted.
Pulskamp wrote Thursday's ruling does not mean original jurors were incorrect to find Struggs guilty of all charges, but only reflects a change in California law. Nor does his ruling find Struggs is factually innocent in Dishman's death.
"The law was different at the time of that ruling," Pulskamp wrote. "The standard of proof which must be met has changed in the interim."
Struggs, Ronald Robinson and another man went into Hudson Oil gas station July 16, 1980. Robinson, Struggs' cousin, killed Dishman when trying to steal gray money bags from him. Robinson shot Dishman when Dishman gripped the money bags and had a perpetual toothless grin on his face, according to The Californian's previous reporting.
Robinson remains behind bars. Doris Shotwell noted that Robinson prayed for Struggs' release and apologized that his actions landed Struggs in prison in letters he sent her.
There is no evidence suggesting Struggs used or had a gun during the robbery and that he gave the gun to the murderer, Pulskamp wrote. The defendant also repeatedly told the prosecution's star witness they all went into the gas station to scare Dishman, grab the money and run.
"Perhaps most significantly of all, the shooting seemed to have been spontaneous," Pulskamp added.
Doris Shotwell and her son Edward Shotwell remembered Dishman's lost life and noted that his family never had a chance for him to come back home. Doris knew Dishman and recalled how friendly and nice he was.
"It really hurt me to know he was gone," Doris Shotwell added.
But, they both have many plans for Struggs when he gets home. Edward Shotwell — who last saw Struggs around 42 years ago — said he wants to take him to restaurants and teach him about technology created since the 1980s. Struggs wants to tell his story to others in hopes of deterring them from his path.
"Life is not over," said Edward Shotwell, 48. "He's still healthy ... God allowed him to be safe in there. He still has some kind of life. ... So I want to make sure he (gets) that."
A sentencing hearing was set for Feb. 2 to determine what's next for Struggs.
You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.
