On February 11, 1996, 79-year old Elmer was in a wheelchair when Samuel Zamudio stabbed him 6 times. His wife, Gladys, who was 74 years old was stabbed 13 times during the home invasion robbery. A jury convicted the defendant of two counts of murder, multiple murder Special Circumstance and robbery and sentenced him to death. The case is now back in court on a defense motion. Gascon’s blanket Death Penalty and Habeas Corpus Policies require the prosecution to concede so that the death sentence will be converted to Life Without the Possibility of Parole.