Case # C-51866

Date: July 17, 2015


WHO: 9th U.S. Circuit Court of Appeals

WHAT: Affirmed the death penalty sentence of Richard Delmer Boyer who was found guilty by a jury on June 24, 1992, of two felony counts of murder with special circumstances for committing a murder during a robbery and committing multiple murders, two felony counts of first degree robbery, and a sentencing enhancement for the use of a deadly weapon.

On Dec. 7, 1982, Boyer entered the Fullerton home where 67-year-old Francis Harbitz and 68-year-old Aileen Harbitz lived. Boyer stabbed Francis Harbitz 24 times in the neck, chest, and back, and the victim bled to death suffering from stab wounds to the heart. Boyer stabbed Aileen Harbitz 19 times and she bled to death as a result of the stab wounds. Boyer took the victims’ wallets and fled the scene in a vehicle.

This case was originally prosecuted by then Deputy District Attorney Chuck Middleton.

WHEN: Yesterday, July, 16, 2015

WHERE: To read the court’s opinion, please visit and select, “Boyer v. Chappell – 9th U.S. Circuit Court of Appeals affirms death penalty,” in Reports under the Reports pull-down menu.