SAN DIEGO (KGTV) — Paul Tomasini was supposed to spend 16 years to life behind bars for murdering his ex-girlfriend. But on Tuesday, a judge ordered him to be released under a compassionate release order.
“We're very disappointed with the outcome at the hearing. Emotions are pretty high right now. We feel let down by the state of California by this decision," David Shojai said.
Shojai and his wife reacted to the news that his mother’s killer would be set free.
His mom, Mary, was murdered in her home a decade ago by Paul Tomasini.
Tomasini was in the middle of serving his sentence when he was diagnosed with a medical condition, making him eligible for a compassionate release.
This falls under AB960, a law that required the Department of Corrections and Rehabilitation to recommend that an incarcerated person’s sentence be recalled if that person meets certain medical criteria, which includes a diagnosis of a serious and or advanced terminal illness.
"I hate saying this about someone, but the ideal scenario was that he'd just die in prison," Shojai said. "I don't make that statement lightly. That's not who I am to wish that on anybody.”
A hearing was held in El Cajon on Tuesday. The District Attorney’s Office contested the release, even asking for the possibility of probation. The Judge denied this request and approved the release.
Shojai worries about his family’s and the public's safety now that Tomasini has been released.
“My biggest fear is that he will attack myself or a member of my family," he said. "My next biggest fear, which is right next to it, is that he's going to attack one of his caregivers."
The family hopes the District Attorney’s Office will file an appeal.
DA’s office gave ABC 10News a statement saying: “This was a brutal murder and the District Attorney’s Office has sought justice for the victim’s loved ones for more than a decade, delivered a murder conviction and repeatedly argued forcefully against this defendant’s release, including at a prior parole hearing in December 2022. The victims’ disappointment with the system, anger over being denied a sentence that was promised, and concerns about their safety are understandable. The bottom line is that the laws in the last few years have been one-sided and out of balance, favoring the criminals and have not shown compassion whatsoever to the victims who are left to grieve. We will continue to fight to ensure the safety of both the victim’s family members and the public despite the legal limitations in this case and recent changes in the law regarding compassionate releases.”
