Jury begins deliberating Malil case
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There is little question that Shelley Malil repeatedly stabbed his ex-girlfriend two years ago in her North County home, causing injuries that could have ended her life.
But attorneys offered different theories Wednesday as to whether he intentionally tried to kill her and if he planned the crime. The answers to those questions could determine whether Malil, if convicted, could be sent to prison for more than 10 years - or for life.
“He didn’t have a good plan, but he still premeditated and acted deliberately,” said prosecutor Keith Watanabe, who argued that Malil brought a knife with him to Kendra Beebe’s San Marcos home and used it and a second knife to stab her more than 20 times.
Defense lawyer Matthew Roberts argued that Malil didn’t bring the knife with him and didn’t use it to stab Beebe. The attorney said Malil grabbed the second knife and swung it wildly in the dark to fend off an attack in the side yard.
“There’s nothing cold and calculated about this case at all,” Roberts said adding that his client “overreacted,” but believed he was acting in self defense.
Malil, a 45-year-old actor from Los Angeles, is on trial in Vista Superior Court facing charges of premeditated attempted murder, assault with a deadly weapon and residential burglary, stemming from the Aug. 10, 2008 incident.
He is known for his roles in the movie, “The 40 Year Old Virgin,” and a popular Budweiser “What are YOU doing” commercial that aired during the 2001 Super Bowl.
The jury began deliberating the case Wednesday afternoon.
Beebe, a now-38-year-old business owner and mother of two, sustained injuries to her chest, back, arms and legs. She survived, despite losing a significant amount of blood and suffering a collapsed lung, according to the testimony.
A cut to her face nearly sliced the flesh from her chin.
According to the testimony, Beebe and Malil met through an online dating service in 2007 and dated on and off for about a year. Beebe testified that Malil was good with her children and Malil testified he felt useful in that relationship.
The day before the stabbing, Malil, Beebe and her cousin went to a beach in Encinitas, where Beebe was going to give the others surfing lessons. But Malil’s lesson ended badly when he got out of the water and drove off in Beebe’s car, leaving her stranded.
He returned to her house on Shadetree Drive and took some of her personal items, including a stash of marijuana and a couple of sex toys. He drove back to his Sherman Oaks apartment, got drunk and e-mailed sexually explicit photographs of himself and Beebe to her co-workers.
When Malil showed up at her house the next night, Beebe was chatting and drinking red wine with David Maldonado, a friend and local Spanish flamenco guitarist.
Citing Beebe’s testimony, the prosecutor said Malil walked up to the woman and stabbed her in the torso. Malil and Maldonado then struggled over the knife, and Maldonado threw it over a nearby fence, the prosecutor said.
But Malil testified he grabbed the knife, which was stuck in the “umbrella hole” in the center of the patio table, after he accidentally stepped on Beebe’s foot and Maldonado abruptly rose from his chair. After Maldonado threw the knife away, he ran through the house.
Thinking the man had gone to retrieve a weapon, Malil grabbed a chef’s knife from a block in the kitchen and made his way to the side yard where he was struck with a garden hoe. He said he swung the knife but didn’t realize he had stabbed Beebe until he heard her cry out for help.
The prosecutor argued Wednesday that Malil’s assertion of self defense was “ridiculous.” He questioned why Malil felt so threatened when Maldonado rose noisily from his seat.
“Why does the defendant need to grab a knife? Watanabe asked. “That didn’t happen. That does not make sense.”
But the defense attorney argued that significant portions of Beebe’s testimony weren’t plausible. He said her DNA was not found on the first knife, indicating she was never stabbed with it, and noted that she had previously lied under oath in a family court deposition.
“If this is a credibility contest, Ms. Beebe’s got some serious problems,” Roberts said.
He argued that Malil was provoked, either by seeing Beebe with another man that night or when she struck him with the garden hoe, which could mean he’s guilty of attempted voluntary manslaughter but not attempted murder.
dana.littlefield@uniontrib.com • (619) 293-1287
