Family expresses shock, disbelief in deadly Encinitas shooting - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Family expresses shock, disbelief in deadly Encinitas shooting

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ENCINITAS (CBS 8/AP) - A documentary filmmaker known for helping rescue children from squalid Romanian orphanages in the early 1990s was fatally shot following a dispute over the trimming of shrubbery outside his Encinitas home, officials said Friday.

John Charles Upton Jr., 56, was found dead Thursday on a dirt path in the yard of his Encinitas home, the San Diego County Sheriff's Department said. Michael Vilkin, 61, was arrested on suspicion of first-degree murder and was being held

The victim's brother, Michael James Upton, tells News 8 words cannot describe how he felt when he learned about the death of his brother.

"I got a call from my father that my mother has past away...I received a call that my brother had been murdered," he said.

Michael James Upton says he is still in shock and disbelief after learning his mother passed away and  received a call the same day that is his brother John Upton was shot and killed near his home on the 2900 block of Lone Jack Road in Encinitas Thursday.

Michael, who is a training pilot in San Diego, had a close relationship with his brother and says John was never a confrontational person.

In fact, Michael says his brother has a history of doing nothing but good and always trying to make a difference in the world, which can be seen during a segment on ABC'S 20/20 back in 2009.

Michael tells News 8 he does not understand why someone would want to do this to his brother but wants to see justice served.

"He's ruined the lives of a lot of people...I hope he pays for it," he said.

Michael Upton says he plans on being present at Vilkin's arraignment.

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