The transient convicted of so savagely beating an 88-year-old Belmont man during a midday home invasion robbery that he later died was sentenced yesterday to life in prison without the possibility of parole.
Although the defense asked that Tyler James Hutchinson, 25, instead receive 25 years to life with the possibility of parole because of his mental issues, Judge Mark Forcum opted for the stiffer penalty which the prosecution argued was the only thing the law allowed for his convictions.
Hutchinson declined to address the court but told a probation officer for a pre-sentencing report that he didn’t care about victim Albert Korn’s death, said District Attorney Steve Wagstaffe.
A jury deliberated less than three hours in February before convicting Hutchinson of felony murder which is first-degree murder during the commission of another felony, namely burglary and robbery. Prosecutors could have sought the death penalty but did not. Jurors also convicted Hutchinson of residential burglary, robbery and the special allegations of inflicting great bodily injury against Korn.
Korn died two weeks after the severe June 2, 2009 beating when his family removed him from life support.
Korn had been inside his Hallmark Drive home, awaiting the return of his adult son who made a run to The Home Depot for address numbers, when prosecutors say Hutchinson broke through a window with an intent to steal.
After attacking Korn, Hutchinson fled in the man’s Jaguar which was later found abandoned. He was arrested in Yolo County after a series of similar home invasion robberies.
Prior to his trial for Korn’s murder, Hutchinson was convicted of the Yolo County robberies and sentenced to six years and eight months in prison. Hutchinson also spent time at Napa State Hospital after being found mentally incompetent.
During trial, defense attorney Jim Thompson said Korn may have been injured in a fall like one he’d had the year previous and that the evidence linking his client to the break-in was circumstantial.
After the conviction, prosecutors dropped an assault case for Hutchinson’s alleged attack on correctional officers in the county jail while awaiting the murder trial.
(650) 344-5200 ext. 102.