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Sorting out the 4 court cases against Larry Millete

Cases have been filed against Maya Millete's husband in criminal, civil, family and probate courts.
Credit: KFMB

CHULA VISTA, Calif. — Trying to sort out the criminal, civil, family and probate litigation filed against Larry Millete can be difficult.  The husband of the missing Chula Vista mother, Maya Millete, remains in jail with no bail, pending his upcoming murder trial.

Maya Millete, 39, went missing from the couple’s Chula Vista home on January 7, 2021.  Her body has not been found.  Below is a rundown on the status of the four cases filed against Larry Millete, the 40-year-old father of three.

RELATED: Timeline | The disappearance of Maya Millete, arrest of Larry Millete: What we know

Civil Gun Violence Restraining Order (Case # 37-2021-00019951):

Filed on May 5, 2021, the petition for a civil gun violence restraining order was brought by the San Diego Police Department against Larry Millete.  Under the GVRO, San Diego Police seized Millete’s entire gun collection from his home in Chula Vista.  

Millete filed an 80-page response detailing the police action against him, arguing he was not a danger to the community.  The case initially was filed partially under seal, with the respondent identified only by his initials, L.M., and certain key facts redacted by the San Diego City Attorney’s office. 

CBS 8 intervened, hiring an attorney, who filed a motion and successfully convinced Judge Katherine Bacal to unseal all the records in the case and make them public.  The case title was never changed by the court, however, and it still is not publicly searchable under the name “Millete” in the court’s online civil index.  

Weeks after officers arrested Millete on murder charges on October 19, 2021, the City Attorney made a motion to dismiss the GVRO civil case. “Petitioner requests a dismissal due to Respondent’s no bail custody status and restrictions in the criminal case,” according to a minute order dated December 1, 2021, where the judge ordered the case “dismissed without prejudice.”  The temporary GVRO in place against Millete was dissolved.

Family Court Petition for Visitation (Case # FL21005040S):

Filed on May 27, 2021 by Maya Millete’s parents, Pablito and Noemi Tabalanza, the family court petition seeks visitation with the three grandchildren (currently ages 5, 10 and 12). The grandparents alleged Larry Millete had cut-off Maya’s family from the children and that, “continuing to deprive the children of our relationship is severely detrimental to their health and emotional well-being.”  

Millete, still out of custody at the time of the filing, opposed the visitation petition.  The case continues in Family Court with the next hearing set for February 25, 2022 at 8:45 a.m. in Dept. S-17 of the Chula Vista Courthouse.

The family court case is somewhat moot, at this point, as a probate judge in a separate guardianship case has granted weekly visitation (see below).

Criminal Court – Larry Millete Murder/Assault Weapon Charges (Case # CS319857):

Filed on October 18, 2021, Larry Millete was arrested on October 19 and charged with first-degree murder and felony possession of an assault weapon. He faces 25-years to life if convicted on the murder charge. The assault weapon charge carries a maximum sentence of 3 years.  

Special circumstances have not been alleged in the complaint, so at this point, Millete is not eligible for the death penalty. Millete pleaded not guilty on October 21. Following a bail review hearing on November 4, a Chula Vista judge ordered Millete held without bail.  

Additionally, he was ordered to have no contact with witnesses or his children. A preliminary exam readiness hearing was set for February 28, 2022 at 1:30 p.m. in Dept. 9 of the Chula Vista Courthouse. His preliminary hearing was set for April 14, 2022 at 8:30 a.m. in Dept. 9 of the Chula Vista courthouse.  Judge Dwayne Moring will oversee both hearings.

Probate Court Guardianship Petition (Case # 37-2021-00046499):

Filed on November 2, 2021 by Maricris Drouaillet, the sister of Maya Millete, the petition seeks guardianship of the three Millete children, who are currently living in Larry Millete’s Chula Vista home with his parents.  

Millete’s parents opposed the petition, and they are seeking guardianship of the kids, as well.  During a hearing on November 10, Judge Julia Kelety ordered weekly visitation between Maya’s family and the three children, which has to occur in San Diego County.  The court also appointed a Guardian Ad Litem (an attorney) to represent the interests of the three children.  

A trial hearing was set for January 19, 2022 at 8:45 a.m. in Dept. # 503 in the downtown San Diego courthouse.  Lawyers for Drouaillet, however, are seeking a continuance of the trial in the case, due to discovery not being available or turned over. 

“To date, the following discovery remains outstanding, which must be completed prior to the hearing… Deposition of Benito Millete; Deposition of Judith Millete; Response to Demand for Production and Inspection of Documents,” according to a January 10 filing by Drouaillet’s attorney.  “[W]e do not intend to move forward with the guardianship trial on January 19, 2022 and will be requesting a trial be set at a future date,” the attorney declared.  The appointed Guardian Ad Litem in the case “desires to keep the hearing on calendar to request additional orders/modifications,” according to the filing.

WATCH RELATED: One year ago Maya Millete went missing from her home in Chula Vista