An Englishman who admitted the 2009 strangulation murder of a Guerneville man staged a last-minute legal maneuver Friday that postponed his sentencing, which the victim's family members had traveled across country to attend.
Andrew Sharkey, 38, laughed during a portion of his Santa Rosa court appearance during which he announced to Judge Ken Gnoss that he was withdrawing his no-contest plea to the killing of Michael Tillman, 67.
He presented a hand-written legal motion that accused his lawyers of providing ineffective counsel.
A half-dozen of Tillman's closest relatives had flown from as far away as Florida and Texas to make statements. Some left the courtroom in tears after Gnoss said he would delay handing down a punishment for at least a month.
"The people don't think anything about this is funny," Chief Deputy District Attorney Diana Gomez said as the shackled Briton looked on.
In November, Sharkey agreed to a plea bargain with prosecutors to serve 32 years in prison rather than risking life without parole if convicted at trial.
But in a jailhouse interview last month, Sharkey claimed an accomplice was responsible for the slaying. He said Gary Scott, a 58-year-old former transient, slipped a steel wire around Tillman's throat while the two were stealing $45,000 in cash from a drawer in his home.
Sharkey's latest claim is that his lawyers failed to conduct a full investigation and told him they'd put up no defense at trial, making a guilty verdict inevitable.
"The defendant is dissatisfied with how he was led into taken (sic) the deal and felt forced against his better judgement (sic)," Sharkey wrote in his motion.
Sharkey had been represented by Santa Rosa lawyer Geoffrey Dunham but the case was handled by Erik Bruce when the no-contest plea was entered. Bruce stood beside him in court Friday.
Meanwhile, prosecutors say they're confident Sharkey is guilty. Gomez pointed to language in his plea bargain in which he waived rights to withdraw his plea and said the judge at the time, Arthur Wick, explained the rights waiver to Sharkey in open court.
She asked that Wick preside over future hearings.
Both sides will return to court Wednesday to set a hearing on Sharkey's motion. The ineffective counsel portion will be closed to the public. Sentencing was set for Feb. 24.
Gnoss apologized to Tillman's family, seated across the front row of the courtroom gallery. "It's the legal maneuvering of Mr. Sharkey that's causing this to be delayed," the judge said.
Outside court, Tillman's first wife read a statement from the family.
"He must be made to face the consequences of his actions," said Julie Tillman of Irvine. "And this deserved punishment must begin as soon as possible."
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