LOS ANGELES (AP) -- A former barber was charged Monday with burning a homeless man to death on a street corner near where the barber worked.
Benjamin Martin, 30, was charged with murder, torture and two arson-related charges. He could be sentenced to death if the court finds true special circumstance allegations of murder by torture and lying in wait.
Deputy District Attorney Renee Rose said prosecutors will not decide whether to seek the death penalty until the case moves closer to trial.
Prosecutors said Martin used a road flare Oct. 9 to set John McGraham, 55, on fire after pouring gasoline on him from a red plastic gasoline can that he left behind.
He was arrested last week. Police said eyewitnesses and DNA collected at the scene connect Martin to the crime.
McGraham had lived on the street in the same neighborhood for years. His family said he suffered from depression and refused to leave the streets.
Martin is scheduled to be arraigned Feb. 9. He remains jailed without bail.
Source: OC register - Link
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