|For Immediate Release
Case # 07NF3664
February 27, 2013
|Susan Kang Schroeder
Chief of Staff
MAN CONVICTED OF SEXUAL ASSAULT-MURDER, THREE RAPES, AND AN ASSAULT AFTER BEING LINKED THROUGH DNA
*The OCDA is seeking the death penalty in this case
SANTA ANA – A man was convicted today of sexually assaulting and murdering a woman, raping three others, and physically assaulting a sixth victim after being linked to the crimes through DNA and forensic evidence. Waymon Livingston, 29, Stanton, was found guilty by a jury of one felony count of special circumstances murder in the commission of sodomy, three felony counts of forcible rape, and one felony count of aggravated assault. The District Attorney is seeking the death penalty in this case. The penalty phase of the trial is scheduled to begin March 6, 2013, in Department C-30, Central Justice Center, Santa Ana.
Death penalty trials are conducted in two phases, the guilt phase and the penalty phase. In the guilt phase, the People have the burden of proving beyond a reasonable doubt all of the elements of the charged crimes. In this case, the jury considered the evidence and determined the defendant’s guilt. In the penalty phase, the same jury will consider the aggravating and mitigating circumstances of the evidence presented by the People and defense to determine the defendant’s penalty, either death or life without the possibility of parole. An aggravating circumstance is any fact, condition, or event relating to the commission of a crime that increases the wrongfulness of the defendant’s conduct, nature of the offense, or harmful impact of the crime that supports the decision to impose the death penalty. Mitigating circumstances support a sentence of life without parole instead of death by providing any fact, condition, or event that reduces the defendant’s blameworthiness of the crime, even if it does not legally justify or excuse the crime.
On Aug. 21, 2005, Livingston is accused of forcibly raping Jane Doe #1, a prostitute, in an Anaheim parking lot. The jury was unable to reach a unanimous verdict regarding this victim. On Oct. 25, 2006, the defendant raped Jane Doe #2, a motel housekeeper, in Stanton. On May 7, 2007, Livingston strangled and raped Jane Doe #3, a private masseuse, in a Costa Mesa motel room.
The Orange County Crime Laboratory analyzed evidence from the crimes, and Livingston was linked through DNA to the three rapes. He was arrested at his home in Stanton by the Anaheim Police Department (APD) on Oct. 11, 2007.
On Oct. 29, 2007, while in custody for the three rapes, Livingston was linked through DNA to an additional crime. On Sept. 9, 2007, Livingston murdered 21-year-old Sacramento resident Melissa G., a prostitute, in an Anaheim motel room.
A criminal case was filed by the Orange County District Attorney’s Office against Livingston and the public and media were notified of the murder and rapes. Based on media coverage of the case, two additional victims came forward.