San Diego Murder Case: Ex-Marine’s Preliminary Hearing
- Raymond Samuel McLeod Jr., 41, will receive a new hearing regarding the 2016 death of Krystal Mitchell, 30, at an Allied Gardens apartment.
- During the initial preliminary hearing, McLeod's defense presented evidence related to his sexual history, including instances of consensual choking with other partners, to support their claim of an...
- Deputy District Attorney Franciesca Balerio acknowledged the oversight during a Friday hearing,calling it "an inadvertent mistake." Still, she moved to dismiss the current case and instantly refile the...
A new hearing is set for Raymond McLeod Jr. in the Krystal Mitchell murder case after prosecutors withheld perhaps exculpatory evidence. The defense team argues the death was accidental, stemming from consensual sexual activity, a contrast to the prosecution’s claim of a intentional act.The defense aims to present data from Mitchell’s devices to support their claim. McLeod, a former marine, was a fugitive for six years before being caught in El Salvador. News Directory 3 follows the intricate details of this ongoing case. The upcoming hearing is scheduled for October, and will ultimately determine the path forward.Discover what’s next with this developing story.
New Hearing Ordered in McLeod Murder Case Due to Withheld Evidence
Updated June 28, 2025
Raymond Samuel McLeod Jr., 41, will receive a new hearing regarding the 2016 death of Krystal Mitchell, 30, at an Allied Gardens apartment. The new hearing was ordered as prosecutors failed to disclose possibly exculpatory evidence, according to McLeod’s attorneys. McLeod faces a murder charge in the strangulation death. The defense maintains the death was accidental, occurring during consensual sexual activity.
During the initial preliminary hearing, McLeod’s defense presented evidence related to his sexual history, including instances of consensual choking with other partners, to support their claim of an accidental death. However, they now assert that prosecutors did not share data from Mitchell’s phone and computer, which allegedly showed her interest in similar sexual practices.
Deputy District Attorney Franciesca Balerio acknowledged the oversight during a Friday hearing,calling it “an inadvertent mistake.” Still, she moved to dismiss the current case and instantly refile the murder charge. This allows the defense to re-argue their case, presenting the newly disclosed evidence from Mitchell’s devices.
“While the People remain steadfast in our belief that the evidence in this case should result in a bind-over and murder conviction, we nonetheless strive to give the defense a full and fair possibility to present this details at a preliminary hearing and safeguard the integrity of conviction on appeal,” Balerio said.
McLeod,who remains in custody without bail,pleaded not guilty to the refiled murder count. A new preliminary hearing is scheduled for October. If convicted, he faces a sentence of 25 years to life in prison.
Alison Triessl, one of McLeod’s attorneys, stated that while they do not believe the evidence suppression was intentional, the repeated preliminary hearing creates a “huge disadvantage” for McLeod, both financially and in terms of extended incarceration.
Prosecutors previously argued that mcleod’s behavior the night of Mitchell’s death, coupled with his subsequent flight, demonstrated intent to murder. McLeod was on the U.S. Marshals’ 15 Most wanted List and was apprehended in El Salvador in 2022, where he was teaching English under an assumed name.
Prosecutors also presented evidence that McLeod was aggressive toward Mitchell at a bar the night before her death, prompting intervention from other patrons. surveillance footage showed McLeod placing his hand on Mitchell’s throat in the apartment complex elevator.
Defense attorneys contend that this interaction appears different when viewed in the context of the couple’s sexual history. ”Without proper context,this act of Mr.McLeod placing his hand on Ms. Mitchell’s throat was portrayed as violent and a precursor to an intentional killing. Though, the images and memes shared between Mr. McLeod and Ms. Mitchell show this exact same behavior. Approval of this conduct is clearly established by their personal messages,” according to court documents.
Robert Sheahan, another of McLeod’s attorneys, previously argued there were no signs of a struggle and that Mitchell did not appear to resist. He conceded McLeod should have called 911 but characterized his flight as the action of “a scared kid,” not proof of guilt.
What’s next
The new preliminary hearing in October will determine whether the case proceeds to trial,with the defense now able to present evidence from Mitchell’s electronic devices.
