The Compassionate Coalition

Modestan shot dead in home; 3 sought
By CHRIS TOGNERI
BEE STAFF WRITER
July 31, 2006
Source: http://www.modbee.com/local/story/12525208p-13239335c.html

Three men are suspected of breaking into a Modesto duplex early Sunday and killing a resident who cultivated medicinal marijuana in his home, police said.

Michael McCarthy, 46, lived with his brother in a duplex on Bridgeford Lane in north Modesto, Sgt. Craig Gundlach said. Shortly before 2 a.m., three men allegedly broke into the house, Gundlach said. He did not say how they entered the home.

The suspects "confronted" the brothers, Gundlach said. When McCarthy "resisted," the suspects allegedly shot him dead, Gundlach said. Police did not reveal where or how many times McCarthy was shot.

McCarthy'sbrother was assaulted and suffered minor injuries, Gundlach said. Police did not release the brother's name because he may be in danger, Gundlach said.

Witnesses told police the suspects fled the home in a white van with gray stripes. Gundlach would not say if the suspects stole anything from inside the home.

McCarthy's death sets a grim record for Stanislaus County: He is the 77th death handled by the county coroner's office this month, breaking the old record of 76, set in December 2003, according to coroner's office records. That month 18 people died in fatal traffic accidents, eight people killed themselves and there were two homicides, records show.

A deadly heat wave this month that killed as many as 24 people in Stanislaus County is the main reason why deaths were so high this month, officials said.

McCarthy and his brother grew marijuana plants for medicinal purposes inside the home, Gundlach said. They showed investigators a doctor's recommendation to smoke the plant, he said.

Gundlach did not reveal the men's medical problems, and he would not say how many marijuana plants were inside the home. Under California law, residents are allowed to grow nomore than six mature, or 12immature, plants for medicinal purposes, Gundlach said.

"They were legal," Gundlach said. "They were at or under the limit."

Police made no arrests Sunday, officials said.

Sunday evening, a gate in frontof the victim's duplex waslocked, and nobody was visible inside the home.

Police ask anyone with information on this case to call detective Phil Owen at 572-9589, or Crime Stoppers at 521-4636.

Bee staff writer Chris Togneri can be reached at 578-2324 or ctogneri@modbee.com .