State will not prosecute man accused in ‘06 home invasion killing
A man accused in the 2006 beating-death of Cape Coral resident Frank Gandara will be nolle prossed on second degree murder and burglary charges, assistant state attorneys told a judge Monday.
Levy Jermaine Ivy, 20, was one of five people charged in Gandara’s death.
According to police reports, Gandara was brutally pistol-whipped in the head in his Cape Coral home during a home invasion robbery and died in the hospital days after the beating.
Two of the defendants have accepted plea agreements from the State Attorney’s Office.
Dean Scott Molin, 47, changed his plea to no contest to the charge of home invasion robbery with a firearm in June and was sentenced to one year and one day in a state prison.
Theresa Lombardi, 52, pleaded guilty or no contest to attempted robbery of a dwelling and was sentenced to five years probation.
Another defendant, 28-year-old Scott Krupp, stood trial earlier this month and was found not guilty of second degree murder and burglary charges, according to the Lee County Clerk of Courts Web site. The site says Krupp was sentenced to three years in prison on unrelated charges from 2007.
Jose Arce, 37, is accused of second degree murder and burglary with assault or battery in Gandara’s death and is scheduled to begin trial Nov. 3 before Lee County Circuit Judge Thomas Reese.