DEFENSE: Wine Country Killing a 'Terrible Accident'
The trial of Louis DiBernardo, 60, began today. He is accused of first-degree murder and lying in wait for the May 2010 killing of the tenants renting his Temecula bed and breakfast.
A Menifee man accidently killed his tenant after a heated eviction dispute, his attorney said today.
Louis DiBernardo, the 60-year-old owner of a massive Temecula bed and breakfast, stood trial today for the May 2010 slaying of a man who was renting the establishment. He could face the death penalty if convicted.
DiBernardo was wrongly accused of murdering Victor Borcherds and kidnapping the man's wife, Suzanne Borcherds, according to Defense Attorney Bill Wolfe.
In the months leading up to the murder, DiBernardo was locked in a heated legal battle with the Borcherds over ownership of the bed and breakfast, nicknamed "The Castle." A contentious lease-to-own agreement led to a lawsuit and counter-suit between the parties.
The Borcherds conspired to exploit DiBernardo's mounting financial woes and push The Castle into foreclosure, Wolfe told a jury at the Southwest Justice Center today. The tenants hoped to purchase the property for "pennies on the dollar," the defense attorney said, and refused to pay their rent in an attempt to push the process along.
Prosecution argued today DiBernardo bound the victim's wife and held her at gunpoint, then waited for her husband to get home, when he killed him in cold blood. To read about the argument, click here.
"This was everything to Sherrie and Louis DiBernardo. This was their Castle; this was their dream," Wolfe said. "And they were watching it being swindled away from them by people (the Borcherds) for whom this was a business."
DiBernardo is accused of barging into The Castle on May 12, 2010 and kidnapping Suzanne Borcherds. He allegedly bound the woman with duct tape and held her hostage until her husband returned home.
DiBernardo fired four shots at Victor Borcherds, the prosecution contends, missing three times and striking the tenant in the abdomen with the final round. Borcherds died in an ambulance on the way to the hospital.
The defense team described the shooting as a "terrible mistake," saying DiBernardo visited The Castle on May 12 to evict the Borcherds and brought the gun as a form of protection. After telling the couple to pack their clothes and leave, DiBernardo fired at Victor, who was advancing on the property owner, the defense attorney said.
"The mistake (DiBernardo) made is he took a gun, a gun he shouldn't have had," Wolfe said. "There were no threats, there was no kidnapping and this wasn't a murder."
Earlier this year, friends of DiBernardo showed their support for him by crowding the court and asked the judge to grant bail. To read about it, click here.
Temecula resident
7:11 am on Wednesday, December 7, 2011
We had a gathering years ago at the Castle and Louis and his wife were wonderful hosts and helpful in so many ways. He was a very gregarious and warm person. It
is so sad to see what happens when people have Hugh debt plied in to them.
Holly Snow
8:55 am on Wednesday, December 7, 2011
The debt they incurred was a direct result of the tenant NOT paying the agreed to amount of rent for months! The DiBernardos are great people. Louis was attempting to get them to pay what they agreed to pay......but as history shows....they (Borcherds) were experts at this game..........Louis, on the other hand, was the victim!
Holly Snow
8:44 am on Wednesday, December 7, 2011
Yes, I believe that Louis was so overwhelmed with this scam by this couple that he had HAD IT! He couldn't evict them through the courts (Pacific Heights) so he took the law into his own hands.....WRONG, I know....but how much can one person take when no one will help him??? This is the Borcherd's third attempt at this scam! Justice was served!
Holly Snow
8:52 am on Wednesday, December 7, 2011
This case has been so slanted by the news media! NONE of you were there and none of you know first hand what really drove Louis to do this! As for Suzanne Borcherds' statements.....they seemed to flip flop from her original statement! Look back at the Borcherd's history.........you will find they are FAR from upstanding citizens. They finally got caught...sadly so. There is more to this case than any of you know. Murder is never a means to get justice.....but scamming someone out of their property, destroying the interior of the property by selling off the contents, and then suing the owner for breach of contract is WRONG! And why didn't the justice system help the DiBernardos??? This would never have happened if they had!
Diane Johnson
9:00 am on Wednesday, December 7, 2011
murder is murder. If we all did this when we felt angry about a situation, what kind of place would we live in. Justice was in the process, he just chose to kill a man to speed it up. Did he accidentally tie the wife up? Did he accidentally wait for the husband to come home? No, he planned it and killed a man, that is not justice, that is cold blooded. He ruined his wifes life and his family because of his temper. Selfish selfish man!
Dirkus Shambles
5:22 pm on Wednesday, December 7, 2011
Wow, some of you guys are delusional...or you have never been rooked out of a lot of money! While Louie might have handled it the wrong way, these Borcherds are CRIMINALS. They have performed this scam on more than two other occaisions, and now they are forced to live with the worst possible consiquences for their actions. He watched these thieves move in to his home, steal thousands in personal items and sell them off, refuse to pay rent to force a forclosure, and try to take his entire retirement and legacy away and flush them down the crapper. The worst thing is that he tried to evict them legally and the system failed him in every way. If you can't understand his desperation, then you should be living in Wonderland with Alice, but in the very least, people will remember this and think twice before screwing others out of thier money.
Diane Johnson
10:44 pm on Wednesday, December 7, 2011
yes they will think twice, because apparently in YOUR world Dirkus and Holly, Murder is ok. Its ok because the victim was a thief, or its ok because you happen to know the killer. I dont think I am the delusional one. Louie and Sherry were friends, I cant stand behind murder no matter what, you both should be ashamed! The Borcherds were criminals, but who is gonna pay now? Let justice be served
Holly Snow
8:52 am on Sunday, December 11, 2011
Diane Johnson must be a former resident of Pinellas County, Florida. I hope to God you are never on a jury. If Louie and Sherry were your friends, I would hate to see how you treat your enemies! You are the one who should be ashamed. You do not know the circumstances that led to this scam. The Borcherds were evil to the core. But that didn't justify murder. It was a tragic accident....NOT cold blooded murder. Take your name off the list of friends of the DiBernardos.......even if Diane Johnson isn't your real name, you need help!
Dewy
10:45 pm on Wednesday, December 7, 2011
It's a daily reminder to think twice who you screw with now a days....
Pushing people that are and have been in red, is not a smart thing to do in today's world...
Jason Schutz
12:10 pm on Thursday, December 8, 2011
Louis should never put himself in this position of getting scammed by people who have done this same scam two times before. Holly's Pacific Heights movie reference is spot on. See: http://en.wikipedia.org/wiki/Pacific_Heights_(film)
Holly Snow
8:55 am on Sunday, December 11, 2011
Thank you Jason for being able to tell the difference between good and evil. Utah was their hunting ground in 1992........and they were run out of there! This time Victor wasn't so lucky! It was an ACCIDENT to all those above who believe Louis is a murderer. He is not! He was a hard working man who trusted the wrong person and as a result of his kindness, he was robbed of everything he owned.....including his freedom.
jacqueline
2:44 pm on Thursday, December 8, 2011
Excuse Diane but maybe you should read more then one article or go to the court. The victim had gun residue on his hand which means that he was holding the gun to which also means there was a tussle.. he didn't just sit at the door and shoot at the skammer that got into an argument and fought that's why there were bullets in the wall and floor.. louie has a very good aim hif he wanted to kill him he would have.
geowood
11:12 am on Friday, December 9, 2011
Thank you Jacq for bringing common sense into this! Louie would never do something in cold blood no matter how much of a lowlife Borcherds was
jacqueline
2:45 pm on Thursday, December 8, 2011
Done it in one shot not four.
Tristen
6:18 pm on Thursday, December 8, 2011
What should have only been a civil matter turned into the worst criminal matter of all ... 187 PC. If the intent was for protection only why not call the police to accompany him which is a simple keep the peace call. Why bring the gun if your not going to use it. GUILTY!!!!!! No Loss!
Holly Snow
11:15 am on Saturday, December 10, 2011
Murder is never OK. But you never know how you will react to something until the moment comes. Sit in the courtroom and you can judge Diane. Reading the newspapers online or paper copy is not always accurate. This situation began in July, 2009, and became increasingly worse by the month. The Borcherds planned to do this when they spoke to the DiBernardo's in June, 2009. This was their scam....again.
sue ann
9:00 pm on Thursday, December 15, 2011
What Mr. DiBernardo did should not be classified as murder. There's a difference between cold-blooded murder and killing someone without intention. Regardless of the fact that he was armed, accidents happen all the time. In Bible days, there was a city of refuge set apart for people who killed someone but didn't intend to. Yes, it wasn't the best way to try to evict them or scare them, but that's where a temporary "out-of-sorts" thing comes to play. You can be a normal person in every way until you get pushed to the brink of not being able to see the light.. and that's when our strong minds can fail us and quit thinking 100% rationally. If we could see the thoughts of Mr. DiBernardo at the time he did this, I'll bet we'd see that something took control of him and told him that things would go back go normal if something powerful could convince the Borcherdst to leave. And with all the power that Victor and Suzanne held over him, the most likely thing to work was a gun. Perhaps if he didn't have a loaded one, it would show more rationalization... but he couldn't think rationally. He thought: scare them - with a gun.. probably didn't even consider the thought that his gun was loaded. Regardless, I am certain that he didn't expect anything to go that badly. He probably thought they'd comply and agree to leave and to drop all actions and move on. A normal person could think that it would be that easy... but it would never be that easy with characters like Victor.
Holly Snow
11:21 am on Saturday, December 10, 2011
See this article in the newspaper.........this was the first of the Borcherds crappy deals: http://news.google.com/newspapers?nid=336&dat=19920424&id=8VNTAAAAIBAJ&sjid=gYQDAAAAIBAJ&pg=4854,4113457
sue ann
11:10 pm on Saturday, December 10, 2011
Yep... I was there, Holly, when all that happened. I was 'snowed' by the Borcherds. They got run out of Utah after all the terrible things they did to screw people out of their hard-earned money or their property. While I don't think this man really ever intended to kill anyone, I do know people in Utah who would have killed him if they could. The whole thing is sad -- but when you play with fire, sometimes you take your life in your own hands.
Holly Snow
8:43 am on Sunday, December 11, 2011
I wish the judge would have let in "priors", but he ruled against it unless the prosecution opens the door. I would be very interested to know in detail what transpired in Utah for you if you would be willing to share. You can email me direct at hollysnow10@aol.com. Blessings to you.
Tony Barnett
9:37 pm on Sunday, January 29, 2012
I knew Victor and Suzanne back in the late 90's. They were amazing people. They had already lost everything in a bankruptsy in Utah and had moved to CA to start a new life with their family. When I first met them I fixed a fax machine for them. That turned into some computer work which intured led to doing all the computer work for their growing company. I was constantly amazed by Victors business skills. He was the best business man I have ever met. I got to watch that tiny startup business turn into a 40,000 sq ft facility and just grow and grow. Victor provided hundreds of jobs to local residents and always had kind words for a young guy with a computer business. Over the years I spent hundreds of hours with them and they became my biggest client. I got to see every facet of their business and got to watch the business meetings and see everything develope. There was not a crooked bone in Victors body and Suzanne was always so kind. I know of so many people they helped and talked to the employees who were always happy. I know that some people like to bring up the bankruptsy in UTAH like its some horrible criminal enterprise but that is just BS. It was a business that went broke. It happens. I read the articles that were linked in this section and its all just normal business stuff.. Victor has always been one of my roll models and even tho I have not seen him since I moved over a decade ago I always wish I could be half the man he was. He did not deserve this. God bless!!
sue ann
9:06 pm on Wednesday, February 1, 2012
Yes, they could certainly look good at times. You should read about the Heritage Triathlon back in the late '80s when they totally upset the community. You should talk to the many people who died with bitterness in their hearts because of how they got screwed by Victor. He ran over people and did whatever he pleased and didn't care about any casualties. He had several affairs - one of them with his family's personal hairdresser. He took liberties with several mens' wives. But he could look good when he wanted to. Most men could see through it, but if they thought he could make them richer, they stuck with him and chose not to see the truth behind the mask. Kindness (whether feigned or not) does not constitute honesty and decency. He couldn't stay in Utah because he wore out his welcome there. He cheated and stole from too many people and had to leave. The bankruptcy of the resorts was a ploy that didn't work for him. At least they shut him down on that... no telling what would have happened if he could have kept all that... oh yeah.. he never owned it in the first place... those who paid a lot in insurance premiums really owned it... but they didn't get a payout on their very valid claims!! He was no god like he wanted people to believe. He complained when he had to give money from the insurance company to sponsor charities. He only cared about himself. That is what you call a Narcissist - a manipulating greedy person who only loved himself.
sue ann
8:35 pm on Wednesday, February 1, 2012
Well, I worked for him as well. And he could certainly make you feel 'loved'. Everything he did was for his personal gain, regardless of what he made it look like. He used people for everything. Sometimes that meant looking like the good guy and sometimes it meant paying certain people well. He also paid off women after he violated them. This is not hearsay stuff. This is truth. But let's go to the business side of him: Take the Insurance Company for example. He didn't pay any money for it. He was even sued when he pretended he had a way to pay for it - and that's when he convinced the original owners, Crump Companies in Memphis, to just sign over the stock to him and then he signed it back over to make it look like he purchased it. Then he fired the people who caught on to him and moved it to Utah. He had no intention of paying very many of the claims from that company. That is obvious because his only goal was to build a resort so he could be rich and create a false image of himself. He stole insurance claim money to pay for the millions of dollars it cost to build a waterpark and golf course. He also took control of the Excelsior Hotel in Provo (which was in bankruptcy I think) -- but used insurance company money to get it. Insurance claim money was used to buy him a Rolls Royce, which was way out of place in Provo. He lived high on the hog and didn't care who he hurt and who's money he swindled to be able to live that lifestyle.
sue ann
8:45 pm on Wednesday, February 1, 2012
Now about the bankruptcy: Victor got found out by the Insurance Commissioner. They were investigating him and realized that he had intermingled all the companies and took out most of the cash from the Insurance Company. That is a crime in case you didn't know. Insurance companies are financial institutions, regulated by the government. There is a fiduciary responsibility to hold a reserve of funds equal to the expected payout of claims. He knew the insurance company had millions of dollars of claims that needed to be paid over time. He calculated how long he would need to keep the insurance company operating before he planned to put it in bankruptcy. However, insurance companies cannot be put into bankruptcy like other companies. He didn't know that. He thought he'd get away with stealing all that money from the people who paid premiums. He made it so that the claims could not be paid ever. He negotiated with other insurance companies to try to force them to give him a settlement for their responsibility of the claims they covered on Umbrella policies. In doing so, he proved his intention to never pay out those claims (besides the fact he took the liability off the books to the tune of more then 8 million dollars) - and he funneled the money to the resort properties. Many of the people who worked for him thought he was wonderful (me too) - so we were surprised when we found out exactly who he was and what he was doing...
sue ann
8:55 pm on Wednesday, February 1, 2012
The Insurance Commissioner shut down his cash cow - 4 years to the day after he gained control of the insurance company. That put the company into liquidation and locked Victor out of the business. He then set up "shell" companies to try to keep the insurance liquidators from being able to easily take the resort properties from him. As the insurance liquidators were trying to find all the assets (of course the resort properties were obvious ones), the move to have "shell" companies delayed them long enough for Victor to put everything into bankruptcy with the hopes he'd keep everything in the end. He didn't care about the insurance company and all the people who lost their jobs. He also didn't care about all the people and corporations that never received a dime of their claim monies. He spit in the face of the Insurance Commissioner... saying "Screw the state!" His intentions were never good, but unless you knew the truth about how he operated.. manipulating everyone for his own gain, you might not see through him. He didn't put himself into bankruptcy because he never put anything in his name. He had no problem dragging Suzanne's name through the mud by forcing her into bankruptcy. He always said he was worth more dead than alive because of his life insurance policies. Perhaps Suzanne benefited from that. I think that money should be seized and given to those who never saw the benefit of their insurance claims because of Victor. He was not innocent of crimes.