A Hollister woman has testified that she played a role in the
murder of San Jose resident David Owens in 2004.
A Hollister woman has testified that she played a role in the murder of San Jose resident David Owens in 2004.
Nancy Polizzi, a food service attendant at San Benito High School, testified in Santa Clara County court March 27 that before the murder, she had driven two gunmen into a “seedy neighborhood” in Fresno to purchase the gun used to kill Owens a week later, said attorneys in the case. She also admitted to having sexual relations with the murderer, her stepson Joshua Joseph, as well as Owens, according to the testimony.
Deputy District Attorney Daniel Carr, who handled Vega’s prosecution, said he had no plans to file charges against Polizzi but would not rule out the possibility at a later date.
Polizzi did not return messages left at San Benito High School. She did not have an attorney for the case, Carr said.
Superintendent Stan Rose said the school is conducting an independent investigation to determine facts surrounding the case and he declined to comment on Polizzi’s job status.
“The safety of our students is paramount,” Rose said. “I want to assure the public we are taking all steps necessary to ensure the safety of students and staff.”
Joseph, 26, of Hollister, killed Owens in August 2004 while Francisco Vega, 23, of Fresno, looked on. Joseph shot Owens several times with a .22 caliber handgun at his San Jose Apartment in front of his finance. A witness saw Joseph running from the scene, and another witness identified Vega from inside the apartment.
Joseph in 2006 pleaded guilty to two counts of first-degree murder and is serving life in prison without the possibility of parole. The second count was for his 2006 slaying of Joseph Boos, a rival gang member he beat to death in Santa Clara County Jail.
Vega, however, took his case to trial where his attorney Adrienne Dell argued the defendant didn’t know Joseph was planning to kill Owens. A jury didn’t buy it, and after deliberating a little more than a day, Vega was convicted Thursday of first-degree murder, a special circumstance of “lying in wait,” along with an “arming allegation,” attorneys said.
A sentencing hearing is scheduled for May 23, although the only penalty Vega can receive is life in prison without the possibility of parole.
In court, Polizzi testified that she was involved in a love triangle between Joseph and Owens, both of whom she met when they were incarcerated at the California Youth Authority, said Dell and Carr.
But when Joseph found out Owens had slept with his stepmother and lover, he decided Owens had to die and he needed Vega to help him, the attorneys said of the testimony.
Dell said she did not expect Polizzi to be charged in connection with the murder because there is insufficient evidence to convict her. But she said she believes Polizzi should be charged with conspiracy to commit murder.
“But for Nancy Polizzi, Owens would still be alive and my client would still be free,” Dell said. “I think a newspaper article may be her only punishment. She just doesn’t get it. She thinks even though she drove them to buy the gun, financed the gun, even heard Joseph talk about it (the murder), that she wasn’t responsible. She never made an effort to call police or call Owens’ mother who was her friend.”
