| With one child, Devlin - a
beautiful little girl, from a previous relationship, Erin started to date
Mark and a short time later became pregnant with her second child, fathered
by him. Trying to be a family become very hard for Erin because of the
abuse she was suffering. During the summer of 2002, Erin had been through
enough and made the decision to end the relationship with Mark. Custody
of Daelin would be shared by the two parents.
A short time after she left
him, Mark was looking through the window of her home and saw her with another
man. After breaking into the house, he choked Erin and though she was naked,
he dragged her out of the house, only letting her go after neighbors called
the police. Mark was arrested and was out on bail by December 18, 2003.
Mark made a call to Erin asking her to go Christmas shopping with him at
Toys R Us. Erin agreed to go and arranged to meet him a block from
the home of her boyfriend, who she was staying with at the time. After
noticing they were going the wrong way, she asked him where he was taking
her and demanded that he stop the car.
Mark asked Devlin to pass him
his soda and she did. Immediately when the cap was removed from the soda,
Erin smelled gas. Mark started pouring the gas over her and when she looked
over at him, he was holding two lighters, it was then that he set her on
fire. Grabbing the steering wheel, Erin managed to get the car to the side
of the road. With the children in the back seat of the car, both Erin and
Mark got out and tried to put the fire out. Erin was completely engulfed
and Mark only had a bit of fire on his pants. According to several witnesses,
Mark didn't make any attempts to try to save the children, he was also
not trying to help Erin.
As the car started to roll
backwards down a slope, Erin started chasing it screaming that he had killed
her babies. While Erin was trying to save her children, Mark was trying
to find a ride away from the scene. According to witnesses, Mark stole
the car of a woman who had stopped to help, pushing her daughter out of
the way and taking off in the car. When firefighters finally arrived, they
found the children had both burned to death in the back seat of the car.
Erin suffered burns over 80% of her body, though she did survive, she was
in the hospital for over a year with most of that time being spent in a
coma.
The Public Defender, David
Headley, in his opening statement said that Mark was in a jealous rage
when he set Erin on fire, but, that he never intended to kill her or the
children. David Headley stated that it had only been Mark's intention to
scare Erin.
The prosecutor in the case,
Paul Graves said that Mark had intentionally set Erin, Devlin who
was six years old and Daelin who was two years old, on fire that night
of December 18, 2003. Paul Graves added:
"He intended to kill
Erin Weaver. He intended to kill those kids,"
"He left those kids
with the last image of him dousing their mother with
gasoline, gas flying
all over the car, then black smoke. That, ladies
and gentlemen, is a
far cry from a Christmas shopping trip."
David Headley has stated that
Mark is shattered and devastated by what happened as he never intended
to kill anyone. In the past, Mark had threatened ex-girlfriends with knives,
but, because he is not a homicidal man, he never stabbed anyone. In the
case of Erin, Devlin and Daelin, Mark had only intended to scare Erin,
adding:
"He had the wrong weapon
and he lost control of it,"
David Headley states that Mark
only poured gas on Erin and did not splash it all over the car and the
fire was not intentional. Mark claims that Erin was high on a large dose
of Methamphetamine and while trying to push the lighters away, she caught
herself on fire. Mark claims it was during this time that she knocked over
the bottle of gas and it spilled out onto the floor. Mark also claims that
he burned his face and his hands trying to save Devlin and Daelin, though
witnesses say this is not true. He says that when he looked in the car
and saw the children were dead, that is when he left the scene. Mark was
arrested the next day.
Mark Anthony Fregia has been
charged with two counts of murder, one count of
attempted murder, arson causing
great bodily injury, aggravated mayhem, kidnapping and car jacking. Mark
also faces several enhancement and special
circumstances charges which
include committing multiple murders and killing Devlin and Daelin while
involved in mayhem. These allegations could lead Mark to death row where
he would await the death penalty.
See more pictures HERE
See partial news articles
HERE
See updates HERE
For information about preventing
child abuse in the state of California, click the links below. If they
can't help you, ask for someone who can. NEVER give up looking for
help for an abused child!
Department
Of Social Services
Safe
State
Call this number to report
child abuse ANY WHERE in the United States!
1-800-4-A-Child
1-800-422-4453
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