East County resident who fatally stabbed partygoer pleads guilty - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

East County resident who fatally stabbed partygoer pleads guilty to voluntary manslaughter

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SAN DIEGO (CNS) - An East County resident who fatally stabbed a man in the neck during a drunken confrontation at a get-together in south San Diego pleaded guilty Tuesday to voluntary manslaughter and the use of a knife.

Oscar Sarabia, 35, faces between four and 12 years in prison when sentenced June 17 by Judge Jeffrey Fraser.

After a trial earlier this year, Sarabia was acquitted of murdering Mariano Alvarez, but jurors deadlocked 6-6 on voluntary and involuntary manslaughter charges.

Defense attorney William Nimmo told the jury that Sarabia accidentally killed Alvarez when the victim charged at him as they were leaving the party on Oct. 14, 2007.

Deputy District Attorney Amy Maund said Sarabia killed Alvarez because the defendant thought the 34-year-old victim was "disrespecting" him and his wife.

Maund said the hosts of the party - the defendant's brother and wife - invited Sarabia to the party and a friend of the hosts invited two of his brother-in-laws - one of whom was Alvarez - to the get-together on Jouglard Street.

After arriving about 11 p.m., Alvarez struck up a conversation with Sarabia and started making comments in Spanish about his wife, the prosecutor said.

"The victim said 'Hey, your wife's beautiful (filete). What a hottie,"' Maund told the jury.

Alvarez kept making remarks about Sarabia's wife for the next five hours, and was killed by the defendant when he went to leave, the prosecutor said.

"He (Sarabia) was too macho to let it go," Maund told the jury.

She said Sarabia's wife tried to hold her husband back and felt a knife in the defendant's pocket.

One of the Sarabia's relatives saw the defendant standing over the victim after the stabbing and heard him say, "You will not mess with my wife again," according to the prosecutor.

After the stabbing, Sarabia fled to Mexico, where he hid out for two years before being arrested and returned to San Diego, Maund said.

Nimmo said Sarabia came to the party with a folding knife in his pocket because he had taken it away from his 9-year-old earlier.

At the party, Alvarez was "socially aggressive" toward Sarabia's wife and started to flirt with her, Nimmo said.

"He took a shine to her," Nimmo said. "Basically, he was drooling over her."

The "filete" comment that Alvarez made to Sarabia's wife could be translated to "piece of meat," the defense attorney told the jury.

Nimmo said Sarabia got very irritated with the victim, whose blood-alcohol level was .24 percent - three times the legal limit for driving - when he died.

Around 4 a.m., after another sexually suggestive comment, Sarabia told Alvarez, "It's time for you to leave," according to Nimmo.

As the party broke up, Sarabia went outside to find Alvarez urinating on a wall and said, "'You piece of (expletive). You don't respect nothing,"' according to the defense attorney.

The defendant, fearing he was going to get hurt after Alvarez faced him, retreated to the house, Nimmo said.

After his wife hugged him, Sarabia realized he had a knife and decided to confront Alvarez with it to get him to leave, the attorney said. Once outside, Alvarez rushed toward Sarabia and the defendant stabbed the victim, the defense attorney said.

"Oscar wasn't sure what happened," Nimmo told the jury.

Once he realized that Alvarez had been stabbed, Sarabia "freaked out" and drove to Mexico, Nimmo said.

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