Attack That Killed Alamo Woman Came After Years of Tension Between Neighbors

Bay City News Service — Multiple cameras captured an Alamo man beating his neighbor and pushing his wife to the ground, ultimately killing her, law enforcement officers and Contra Costa County prosecutors said Thursday during a preliminary hearing in the case against Michael Littman.

(Related Story: Alamo Woman Killed in Fight With Neighbor

Littman, 59, is charged with murder and assault after police said he struck and fatally injured his next-door neighbor, 59-year-old Doris Penico, on the steep driveway between their homes in Alamo on Aug. 27, 2012.

The alleged attack came after years of tense-turned-hostile relations between the Littmans and Penicos stemming from the use of a shared driveway and an easement on the Littmans' property, according to prosecutors.

Deputy District Attorney Molly Manoukian said that in the last couple of years before Penico's death, Littman became increasingly aggressive toward his neighbors, videotaping and photographing them on numerous occasions. Contra Costa County sheriff's Detective Brandon Garry testified today that he examined more than 100 video files, photos and documents seized from the defendant's home documenting the Penicos' actions in the shared driveway or on their own property.

In 2010, the Penicos had hidden surveillance cameras installed at their home with a view of their driveway. Beltran testified that in the surveillance footage, Littman can be seen "many times" recording the Penicos in their driveway.

Surveillance footage from last February shows Doris Penico running away from Littman, who was "walking very briskly, very aggressively toward her," he testified. Later that day, the hidden cameras captured the woman walking down the driveway as Littman pulled into the driveway in his van. He then turned into the driveway, making no attempt to slow down and prompting her to jump out of the way into some mulch off of the driveway, the sergeant testified.

The Penicos' cameras captured the alleged Aug. 27 assault against Victor Penico and the fatal injuries suffered by his wife, according to prosecutors. Footage from Littman's iPhone showed him recording the couple, and not responding when they asked repeatedly why he was filming them. That footage ended with a scuffle, prosecutors said.

Around 11 a.m. on Aug. 27, sheriff's deputies responded to 3036 Stonegate Drive for a report of a fight among neighbors. Contra Costa County sheriff's Sgt. Paul Murphy testified Thursday  that he arrived to find Penico lying on the ground, her son holding a bloody T-shirt to her head and her husband, shirtless and with blood on his face, standing beside her.

Penico told officers that his wife had been backing out of the shared driveway in her station wagon when she noticed Littman filming her with his cellphone. She stopped and asked him repeatedly why he was recording her, then got back into her car and called her husband, who was inside the house, according to prosecutors and law enforcement officers' testimony today. Penico came outside and confronted Littman, asking why he was filming his wife and to stop harassing her.

He then put his hand over Littman's camera. Both sergeants testified today that Penico reported Littman suddenly punched him in the ear. Fearful, Penico fled, but Littman chased him. Penico told the officers that as he was running past his wife down the driveway, he saw Littman push his wife down before both men fell to the ground, Beltran testified. Littman continued punching him and got on top of him, even when Penico curled up and made no move to defend himself, according to the officers' testimony.

At various points during surveillance footage of the beating, Littman can be heard saying, "You're hitting me — get off of me!" while Penico is heard saying, "I didn't touch you," Beltran testified.

After the assault, Beltran returned to his house and emergency responders arrived on the scene, Murphy said. Doris Penico was taken to John Muir Medical Center in Walnut Creek, where she was pronounced dead from her injuries hours later.

Detectives served a search warrant at the Littmans' home that night, and arrested him on Aug. 30 on suspicion of murder and assault. He was booked into county jail in Martinez on $1 million bail. Littman later posted bail and remains free. He is set to return to court in Martinez this morning to continue the preliminary hearing.

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