Issue:  Vol. 44 / No. 43 / 23 October 2014
 

Diaz, convicted in park death, released from custody

David Diaz in an undated photo. (Photo: Courtesy Public Defender's office)

David Diaz in an undated photo. (Photo: Courtesy Public Defender’s office)

Officials have released from custody the man recently convicted of involuntary manslaughter for choking to death another man in San Francisco’s Buena Vista Park in 2011.

Jurors recently acquitted David Munoz Diaz, 25, of murder, but found him guilty of the lesser charge in the death of Freddy Canul-Arguello, 23. Canul-Arguello’s charred, mostly naked body was found with a melted recycling bin in the park just before 5 a.m. June 10, 2011.

Diaz was released after a Wednesday, September 3 court hearing, according to Deputy Public Defender Alex Lilien.

Diaz couldn’t immediately be reached for comment, but Larry Metzger, 55, Diaz’s boyfriend, said, “I’m happy he’s out.” Metzger said Diaz was released on his own recognizance. His sentencing is set for October 7.

Metzger, who owns the Castro bar The Mix, said, “I don’t know what’s going to happen with the sentencing. … I don’t think he’ll have any more time to serve. I think he’s served all that he’s required to, from what I understand.”

During the trial, Diaz testified that he’d accidentally killed Canul-Arguello after Canul-Arguello asked him to choke him during a sexual encounter.

Jurors announced last Tuesday, August 26, that they’d also found Diaz guilty of arson, mutilating human remains, and destroying evidence.

Like Mitzger, Lilien has also said Diaz, who’d been in custody since his July 2011 arrest, may not serve any more time.

The maximum sentence for involuntary manslaughter is four years. However, Diaz may be sentenced to less time than that, according to Lilien. Among the factors in the time he could serve, Diaz may be able to serve time concurrently for the other convictions.

“He’s likely done all the time they could sentence him to,” Lilien said.

 

 

— Seth Hemmelgarn, September 4, 2014 @ 3:24 pm PST
Filed under: Uncategorized


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