SANTA ANA, Calif., Jan. 28, 2003

Brothers Charged With Mom's Murder

15-Year-Old To Be Tried As Adult In Mom's Murder

    • Jane M. Bautista, 41, in police handout photo.

      Jane M. Bautista, 41, in police handout photo.  (AP)

    • Jason V. Bautista, 20.

      Jason V. Bautista, 20.  (AP)

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(CBS)  Prosecutors filed murder charges against two half brothers Tuesday and said the 15-year-old would be tried as an adult in the gruesome slaying of his mother, who was dismembered the way the sons allegedly saw it done on "The Sopranos."

Jason Bautista, 20, and Matthew Montejo, 15, are charged with killing Jane Bautista, 41, whose head and hands were found in the family's apartment in Riverside. Her body was found in an Orange County ravine.

The elder brother allegedly told police they dismembered the body to throw off investigators, an idea they saw on the popular mob show.

Both defendants appeared in Superior Court but did not enter a plea. Their arraignment was postponed until Feb. 14.

Deputy District Attorney Michael Murray said prosecutors had not yet decided whether to seek the death penalty against Bautista. California law prohibits the execution of minors.

Prosecutors have not disclosed a possible motive.

John Kremmer, a lawyer who represents Bautista, said the family was troubled by abuse but declined to provide details.

"They had a very tumultuous relationship," Kremmer said outside court about the mother and sons. "All I can say is things aren't always as they might seem."

Prosecutors intend to try Montejo as an adult under a juvenile crime law that allows them to make that decision in serious crimes without the approval of a judge, said Michelle Emard, a spokeswoman for the district attorney's office.

Montejo's attorney, Stephen Klarich, said he would seek to have Montejo tried in Juvenile Court. He and Kremmer both declined comment about a possible connection to "The Sopranos."

Authorities described the mother and sons as transients who had moved repeatedly and depended on financial help from family members and Jason Bautista's job as a hotel clerk. Jane Bautista was unemployed.

Her first husband committed suicide 19 years ago and her second husband had left her, sheriff's spokesman Jim Amormino said.

The killing took place Jan. 14 in Riverside. An autopsy indicated Bautista was strangled but authorities were awaiting the results of further tests.


© MMIII, CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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