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Tag Archive for: victims rights

Photo of murder victim Samuel Holtaus with the Hall of Justice blurred in the background.

Man Sentenced for Brutal 2023 Murder and Series of Violent Crimes in El Cajon

May 22, 2026

San Diego County District Attorney Summer Stephan announced today that Kenneth McNally Jr., 42, has been sentenced following his conviction for the murder of 59-year-old Samuel Holthaus (pictured below) and a series of additional violent crimes committed in Harbison Canyon in 2023. A jury found McNally guilty on all counts, including first-degree murder, two counts of assault with a semi-automatic firearm, shooting at an inhabited occupied structure/vehicle, and assault by means likely to produce great bodily injury. He was sentenced today to 216 years to life in prison.

McNally is a third-strike offender with a lengthy and violent criminal history. At the time of the murder, he was on probation for his second-strike offense after being convicted of attacking a dog with an axe. McNally was also on Post Release Community Supervision (PRCS) for two additional criminal cases; one involving assault and the other resisting an officer with force. His first strike conviction stemmed from a 2004 case, in which he was convicted of assault on a peace officer.

“This was an extraordinarily violent and disturbing case involving a defendant who terrorized multiple victims before committing a cold-blooded murder and attempting to conceal the crime,” DA Stephan said. “Because of the courageous witnesses who came forward, and the relentless work of law enforcement and prosecution team led by Deputy DA Javier Vargas, this dangerous defendant is being held fully accountable for his heinous crimes.”

[VIDEO: Victim Impact Statements from Samuel Holtaus’ sisters at the sentencing hearing.]

The charges stem from events that occurred on September 3, 2023, on a six-acre property in Harbison Canyon, which is an unincorporated area of El Cajon, where McNally had been intermittently staying with acquaintances in a trailer alongside several other residents. Earlier that day, the San Diego County Sheriff’s Office received calls from residents reporting that McNally was aggressively demanding rides off the property while appearing to conceal a weapon beneath a jacket. One witness later told investigators that during a drive near Sloan Canyon Road off Dehesa Road, McNally confessed that he had killed Holthaus and dragged him down a hill with a noose around his neck. A second witness also revealed McNally made a similar confession to her earlier that day. She also reported seeing McNally driving the victim’s truck erratically before parking it near the grave.

A few hours later, Holthaus’ body was discovered buried in a shallow grave after a witness noticed the top of the victim’s head protruding from the ground. Investigators found an extension cord wrapped around the victim’s neck and observed a gunshot wound to the side of his face. Holthaus’ truck was parked next to the grave with blood covering the driver’s side doorframe. Detectives also located drag marks in the dirt leading away from the vehicle to another area of the property where they discovered coagulated blood and a pile of burned trash.

Over a year-and-a-half after the discovery of Holthaus’s body, a third witness came forward stating he saw McNally shoot Holthaus. According to the witness, McNally then tied one end of an electrical cord around Holthaus’s neck and attached the other end to Holthaus’s truck. McNally drove the truck 329 feet to the location where the body was ultimately found, dragging Holthaus’s body by his neck.

A search of the trailer where McNally had been staying revealed an empty gun case bearing the serial number of a small semi-automatic handgun. The trailer owner confirmed the gun case belonged to McNally. Multiple witnesses told investigators they had previously seen McNally carrying a small black handgun on the property, and one witness reported seeing him fire the weapon multiple times. The murder weapon itself, however, was never recovered.

On September 6, 2023, the Sheriff’s Fugitive Task Force located McNally at a motel in El Cajon. Investigators detained a van McNally was riding in and discovered a bag containing bloody clothing. Preliminary DNA analysis showed the majority of the blood on the pants tested positive for McNally’s DNA; only a single blood stain found on one of the pant legs belonged to Holthaus.

In addition to the murder conviction, prosecutors presented evidence of several other violent incidents involving McNally on the property in the weeks leading up to the killing. Hours before Holthaus’ murder, McNally accused residents of stealing his backpack and held a handgun to the neck of victim Maurizio Cairo while threatening him. Approximately two weeks before the murder, McNally fired at least five rounds into a van being driven by victim Michael Medland after a confrontation on the property. Detectives later recovered the bullet-riddled van and the fired rounds during the homicide investigation. Jurors also heard evidence that in July 2023, McNally strangled former roommate Gary Cash inside a trailer on the property while making nonsensical statements. Another resident intervened and stopped the attack.

The case was prosecuted by Deputy District Attorney Javier Vargas.

 

https://danewscenter.com/wp-content/uploads/2026/05/Samuel-Holthaus-victim-1.jpg 720 1280 Barbara Medina https://danewscenter.com/wp-content/uploads/2025/07/danews_logo-summer-e1751410255309.webp Barbara Medina2026-05-22 17:01:252026-05-22 17:01:25Man Sentenced for Brutal 2023 Murder and Series of Violent Crimes in El Cajon
Photo of AB 1959 testimony DA Summer Stephan.

DA Testifies in Support of AB 1959 to Close Dangerous Resentencing Loophole as Exposed by the Santana High School Shooter Case

April 7, 2026

San Diego County District Attorney Summer Stephan testified this morning in front of the California State Assembly Public Safety Committee in Sacramento, urging lawmakers to pass Assembly Bill 1959. The bill, authored by Assemblymember Dr. Darshana Patel (District 76), strengthens public safety by closing a dangerous loophole in California’s recall and resentencing laws by updating Welfare and Institutions Code section 707 to allow a transfer hearing for a court to decide whether a now-adult offender should be sentenced in juvenile court or adult court.

Current law, Penal Code section 1170(d), allows people who were sentenced to life without parole as minors to have their sentence reconsidered after they have served at least 15 years in prison, known as recall and resentencing. Due to laws emerging after the enactment of 1170(d), if a court finds a defendant eligible for resentencing, they are transferred to juvenile court. If they were under the age of 16 when they committed their crime, the juvenile court cannot impose custody and is forced to release the defendant without any determination that it is safe to do so. A defendant who was 16 or 17 would proceed to a transfer hearing pursuant to Welfare and Institutions Code section 707 to determine the appropriate jurisdiction for resentencing: juvenile court or adult court.

Under the AB 1959, the existing transfer hearing process would also apply to a defendant who was under 16 at the time of the offense, allowing a court discretion to weigh youthful offender factors with public safety concerns. This change restores judicial discretion and fairness to the resentencing process.

“This bill is about protecting our communities and fulfilling the original intent of resentencing laws,” DA Stephan said. “AB 1959 ensures that the intent of resentencing laws to consider danger to the public when evaluating serious and violent offenders is fulfilled. These laws were never meant to result in the immediate release of individuals who commit murder, school shootings or serial rapes in our communities. This law would close a dangerous loophole for juvenile offenders under 16 that results in their immediate release without any meaningful demonstration of rehabilitation, remorse, or assurance of public safety. Instead of thorough resentencing, they move directly to a juvenile disposition, often resulting in release without a true assessment of risk or justice for victims.”

DA Stephan pointed to the case of the Santana High School shooter, Andy Williams, who carried out a planned attack in 2001, killing two students and injuring 13 others. Despite being sentenced to 50 years to life and recently being denied parole in 2024 due to ongoing public safety concerns, Williams filed a petition for recall and resentencing in 2025 under current law. Because of this loophole, his case could be transferred to juvenile court for resentencing—even though he is now nearly 40 years old and has served less than half of his sentence. This outcome undermines accountability and was never the intent of the Legislature when it enacted recall and resentencing statutes.

Photo of DA Summer Stephan with Assemblymember Dr. Darshana Patel and Phil Ortiz

Photo of DA Summer Stephan with Assemblymember Dr. Darshana Patel and Phil Ortiz

Phil Ortiz, who was a student at Santana High School and survived the shooting in 2001, also testified in front of the Public Safety Committee in support of AB 1959. He is now an El Cajon City Councilmember.

“Assemblymember Patel, DA Summer Stephan and their staff are ensuring justice is balanced,” Ortiz said. “The victims of the shooting at Santana High School have no ability to be free from their physical, mental and emotional wounds, including Randy Gordon and Brian Zuckor who were killed. Therefore, perpetrators shouldn’t be free from the consequences of their actions. The damage to the victims is permanent and the consequences to the perpetrators should be permanent as well.” 

The bill is a targeted, balanced response that restores the court’s discretion to weigh factors related to rehabilitation, youthful offender factors, and public safety and ensures the most serious offenses receive appropriate accountability while maintaining judicial oversight and the possibility of rehabilitation for deserving youth.

“AB 1959 seeks to close a loophole within resentencing law that has recently been exploited in San Diego County by a school shooter at Santana High School in 2001,” said Assemblymember Patel. “San Diegans deserve to have faith in their justice system to ensure that violent offenders that do not show remorse do not have a loophole to exploit and avoid accountability.”

The San Diego County District Attorney’s Office remains committed to advocating for policies that balance fairness with accountability while prioritizing the safety of all communities.

AB 1959 passed the Assembly Public Safety Committee and will now advance to the Assembly Appropriations Committee for further consideration.

https://danewscenter.com/wp-content/uploads/2026/04/04-07-26-AB-1959-testimony-DA-Summer-Stephan-1.jpg 720 1280 Barbara Medina https://danewscenter.com/wp-content/uploads/2025/07/danews_logo-summer-e1751410255309.webp Barbara Medina2026-04-07 16:45:292026-04-07 16:45:29DA Testifies in Support of AB 1959 to Close Dangerous Resentencing Loophole as Exposed by the Santana High School Shooter Case

Judge Grants Recall and Re-Sentencing Hearing for Santana High School Shooter Andy Williams Over Strong Objection by the DA’s Office

January 6, 2026

San Diego County District Attorney Summer Stephan said today that a Superior Court Judge has granted Santana High School Shooter Charles ‘Andy’ Williams’ request to recall his original sentence and allow him to be resentenced. The decision will result in the defendant being transferred to the juvenile court system and his immediate release from prison without any parole supervision or determination that such a move would not pose a risk to public safety. At the hearing, the judge heard strong legal arguments from the DA’s office against allowing a resentencing hearing for this killer. Prosecutors argued that 50 years-to-life does not constitute the functional equivalent of life without the possibility of parole. The judge, acknowledging a split of authority in Court of Appeal cases on the issue before this court, chose to follow the decisions by our appellate court and grant the request of inmate Williams to recall his sentence.

The DA’s office will immediately file an appeal to the Fourth District Court of Appeal, Division One, and again try to stop Willliams’ release.

“This defendant carried out a calculated, cold-blooded attack during which he executed two young students and shot 11 other students and two school officials, forever traumatizing a community,” said DA Stephan. “As prosecutors, our duty is to ensure justice for victims and protect public safety, and the defendant’s cruel actions in this case continue to warrant the 50-years-to-life sentence that was imposed. We respectfully disagree with the Court’s decision and will continue our legal fight in the Court of Appeal and the Supreme Court if need be. Prosecutors mounted a formidable legal position, led by Deputy District Attorney Nicole Roth, arguing that 50 years-to-life is not the functional equivalent of life without the possibility of parole on its own, and in addition, argued that the law allows the defendant an opportunity for youthful parole and elder parole in the future. In fact, Williams already had a youthful parole hearing and was found unsuitable for release. These same opportunities were not given to the two victims who were executed. They won’t be released from the grave and returned to their families. At some point our laws must balance the rights of defendants, the rights of victims, and the rights of the community to be safe. Many school shooters are young, so what message does our legislature want to give them to deter them from carrying out horrific shootings?”

Williams’ case was transferred to juvenile court for a disposition hearing.  At a disposition hearing, due to Williams’ age when he murdered two students and attempted to murder 13 others, his adult convictions will be re-designated as juvenile ‘true findings’ and he cannot be ordered to serve more custody time. Williams will be ordered released from prison and may be placed on up to two years of juvenile probation. The court will not have an opportunity under existing law to weigh factors in aggravation or mitigation in making the disposition order, nor will the court make a finding that the order is not a risk to public safety.

On March 5, 2001, a tragic school shooting occurred at Santana High School in Santee. Williams, who was 15 years old at the time, opened fire on campus, killing two students—14-year-old Bryan Zuckor and 17-year-old Randy Gordon—and wounding 13 others, including 11 students and two staff members.​

The Santana High School shooting incident began around 9:20 a.m. when Williams entered a boys’ bathroom with a .22-caliber revolver taken from his father’s locked gun cabinet. He shot a student inside the restroom, then emerged to fire at others in the hallway and school’s quad area. Witnesses described him as calm and methodical, returning to the bathroom to reload multiple times before continuing to fire at students and staff in the hallway. He was ultimately apprehended by police without resistance.​

In August 2002, Williams pleaded guilty to all charges and was sentenced as an adult to 50 years-to-life in prison. He is currently incarcerated at the California Institution for Men in Chino, California and became eligible for parole in September 2024. His first parole request was denied, with the Parole Board citing him as a continued risk to public safety.​ In making its decision, the Board said it is unclear if Williams understands why he committed “this horrendous act of violence.”

In 2011, a change in the law allowed judge to recall or reduce adult sentences in the “interests of justice” and created pathways for juvenile offenders with life without parole to seek recall of their sentence and resentencing. In 2022, the Court of Appeal decision in People v. Heard extended the resentencing petition process to juvenile offenders serving the ’functional equivalent’ of life without the possibility of parole.  On March 6 of this year, Williams’ attorney filed a petition for recall of sentence and resentencing with the court, setting the legal process in motion for a judge to consider his request.

The DA’s Office has notified dozens of victims who were impacted by the shooting about the defendant’s request for re-sentencing, complying with its responsibilities under Marsy’s Law.

The Santana High School shooting remains one of the most painful school shootings in San Diego County history.

https://danewscenter.com/wp-content/uploads/2024/09/Santana-High-School.jpg 574 984 Barbara Medina https://danewscenter.com/wp-content/uploads/2025/07/danews_logo-summer-e1751410255309.webp Barbara Medina2026-01-06 18:00:002026-01-06 18:32:15Judge Grants Recall and Re-Sentencing Hearing for Santana High School Shooter Andy Williams Over Strong Objection by the DA’s Office

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