The jury had the option of sentencing Mark Fregia receive the death penalty for his convictions. After a week long penalty phase in the case, the jury deliberated for only one day before deciding that he would spend the rest of his life in prison, without the possibility of parole.

The formal sentencing phase of the trial will be February 8, 2008 with Superior Court Judge Mary Ann O'Malley handing down the sentence.

Loralyn had this to say:

I couldn't agree with her more!

Update:

No parole for man who set woman, kids on fire
Henry K. Lee, Chronicle Staff Writer

Saturday, February 9, 2008

(02-08) 11:07 PST MARTINEZ -- The mother of two children who died after they were set on fire by her ex-boyfriend told the killer in court Friday that he had destroyed her life.

Mark Anthony Fregia, 39, did not respond as Erin Weaver raged against him in Contra Costa Superior Court in Martinez for severely burning her and killing her daughter, 6-year-old Devlin Weaver, and the couple's 2-year-old son, Daelin Fregia.

"You ruined my life," said Weaver, 32, who has scars on her arms and neck as a result of being burned over most of her body.

Weaver, who testified against Fregia during his trial, called him a thief who "stole everything from me" and left her children in a "damn box."

When Weaver was finished, Judge Mary Ann O'Malley confirmed a jury's sentence for Fregia of life in prison without the possibility of parole for murder and other crimes. 

What Fregia did was "unspeakable," the judge told him, adding that "I just don't see a lot of reason why this court should show you any more mercy than you showed the children or Ms. Weaver."

The attack happened as Fregia, Weaver and the children were riding in a car on Interstate 80 near Pinole a week before Christmas in 2003. 

Fregia was in a jealous rage over Weaver's new relationship, prosecutors said, but he persuaded her to come along with the children on what he said would be a toy-buying trip. 

But Fregia began driving in the opposite direction of the toy store. Near the Appian Way off-ramp, he asked Devlin to hand him a soda bottle that was underneath a car seat. The bottle was full of gasoline, which Fregia splashed onto Weaver. When he set her ablaze with a lighter, the fire spread through the car and engulfed the children.

Weaver was burned over 80 percent of her body as she yanked the steering wheel, turning the car onto the off-ramp. Motorists saw her jump from the Dodge Colt, scream, "My babies!" and try to put out the flames and chase the burning car as it rolled down an embankment.

Fregia car jacked a motorist and was arrested the next day in San Francisco.

Deputy Public Defender David Headley, Fregia's attorney, told jurors that his client, a crack-cocaine abuser, had never intended to kill anyone and simply had wanted to scare Weaver.

The judge upheld a jury's decision in December that Fregia not be sentenced to death. The same jury had convicted Fregia of two counts of first-degree murder for killing Devlin and Daelin. It acquitted Fregia of attempting to murder Weaver, instead convicting him of a lesser charge of attempted voluntary manslaughter.

Jurors also convicted Fregia of arson, kidnapping, aggravated mayhem, car jacking and causing great bodily injury to Weaver.

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