OCEANSIDE — A 29-year-old man accused of killing an acquaintance pleaded not guilty to first-degree murder July 15.
Kade Joseph Kundrat is charged with murdering David Allen Jacobson, 23, with a knife sometime in the early morning hours of July 13 at the Seaview apartments in the 100 block of South Pacific Street in Oceanside.
At the arraignment, Superior Court Judge Marshall Hockett kept Kundrat on a no bail hold because he was on parole at the time of the alleged murder.
Hockett set a July 29 date for Kundrat’s preliminary hearing. If convicted, Kundrat faces up to life in prison.
When authorities arrived around 2:30 a.m., they found Jacobson dead sitting in a pool of blood near a staircase in the apartment complex, Deputy District Attorney Katherine Flaherty said outside the courtroom.
Paramedics were not summoned to the scene, Flaherty said. A large gaping wound was found on the back of Jacobson’s neck, which she said appeared to be caused by a knife.
While an exact motive for the killing is still unclear, Flaherty did say Kundrat had kicked Jacobson out of his apartment after an argument ensued between Jacobson and Kundrat’s two roommates, a male and female, earlier in the evening. After Jacobson left, Flaherty said there was an effort to bring the victim back to apartment and that is when the stabbing occurred.
“When you have people that are arguing, it really doesn’t matter what they’re arguing about but you know they’re mad,” Flaherty said.
Both Jacobson and Kundrat served time behind bars for drug-related offenses.
According to court records, Jacobson had been released from jail June 9 after committing a series of probation violations stemming from a June 2007 conviction for possessing marijuana for sale, a felony. A condition of his June release was that he had to complete a 12-hour anger management program.
Further, after his first probation violation, authorities recommended he be given a psychiatric evaluation. At his sentencing for that violation, a San Diego Superior Court judge ordered Jacobsen to serve 60 days in jail and then be released to a residential drug treatment program or mental health program.
Meanwhile, Kundrat was recently released from prison after being sentenced May 1, 2008, to 16 months behind bars for possessing methamphetamines. Prior to that conviction, he served three prison terms dating back to 1999 for convictions out of San Diego County, his last being for vehicle burglary and grand theft auto in May 2005.
In taking the plea agreement for possessing methamphetamines, Kundrat, an admitted drug addict, believed he might be able to get enrolled into a residential treatment facility under Proposition 36 instead of having to serve prison time, according to court documents. However, his previous prison prior — a non-drug violation — and a parole violation kept him from the substance abuse program, despite his admission that his criminal history revolved around his drug addiction.
In a hand-written letter to the sentencing judge, Kundrat asked to be put into a court- ordered drug treatment program, because he was unable to get a spot in a county residential treatment program in the months prior to his arrest for drug possession. Kundrat stated he’d been working hard to change his life because of his newborn son and ailing mother.
“If I am sent to prison the chances of me ever seeing my mother again are not very good at all, and I am deeply hurt at even the thought of it,” Kundrat wrote in the 2007 letter. “These reasons along with the fact I’m tired of being on drugs I chose to better myself for my mother, baby, family and me.”