Mesa shooting suspect appears in court

By ERIC LINDBERG — May 7, 2009

A 50-year-old local man suspected of killing his brother and sister-in-law during an early morning shooting in a Mesa home appeared in court yesterday to face charges of murder.

Corey John Lyons, clad in a blue jail jumpsuit, appeared behind a glass partition and stared toward court officials. He faces two counts of homicide in connection with the shooting deaths of his brother, 55-year-old Daniel Lyons, and his brother’s wife, 48-year-old Barbara Scharton.

Commissioner Edward DeCaro continued the arraignment hearing until Monday to allow defense attorney Steve Balash, who appeared on behalf of Corey Lyons, to confirm whether he will be representing the defendant.

Lyons answered with a simple, “Yes, sir,” when asked by DeCaro whether he agreed to have his arraignment postponed. The hearing will likely be put off again next week, as Senior District Attorney Gordon Auchincloss, the prosecutor assigned to the case, will be out of town.

Several family members seated near the front of the courtroom leaned forward when Lyons appeared. They declined to comment following the brief legal discussion.

Lyons faces two counts of murder with special circumstances of murder for financial gain and committing multiple murders. If convicted of first-degree murder with those enhancements, Auchincloss said the defendant would be looking at life without parole.

There’s also the possibility that the District Attorney’s Office will seek the death penalty, he said, but that decision has yet to be made.

“It’s too early to get into those questions,” Auchincloss said.

He declined to comment on a possible motive for the shooting. However, the special circumstance of murder for financial gain suggests a possible link to a lawsuit filed by Daniel Lyons against his brother in October 2008.

That lawsuit alleges Corey Lyons defrauded and extorted the victims after being contracted to rebuild the Mesa home where they were found shot to death early Monday morning.

Daniel Lyons and Scharton, both experienced attorneys, sought compensatory and punitive damages for what they alleged were fraudulent billing practices and poor workmanship on the home, located at 621 Aurora Ave.

The lawsuit alleged that the home took twice as long and cost twice as much to build than the defendant had originally promised. Corey Lyons denied the allegations in a response to the complaint, according to court records. The case had been scheduled for trial confirmation later this year.

Police received reports of five or six gunshots at approximately 1:28 a.m. on Monday at the couple’s home on the Mesa, where they had planned to move full-time once Daniel Lyons shifted his legal practice from Fresno to Santa Barbara.

After failing to contact the victims by phone, authorities sent in the SWAT team, which discovered the two victims dead in separate areas of the home. Detectives found Corey Lyons at approximately 9 a.m. near his home in the first block of Lassen Drive and, after transporting him to the police station for questioning, took him into custody.

Police officials have remained tight-lipped about many of the details of the investigation, including the caliber of the weapon used and any possible motives for the shooting. Sgt. Lorenzo Duarte cited conflicts with department policy when asked about any criminal history involving Corey Lyons.

Auchincloss also declined to discuss any past criminal issues involving the defendant.

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lyons murder : 5/19/2009

the family is white trash , I know them ..

emily blunt

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lyons murder : 5/23 09 : 5/23/2009

But Barbara Scharton and Dan Lyons are not white trash...I know them. Chrisitne Adams

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Lyons/Scharton Murder : 5/25/2009

Dan Lyons was an enthusiastic, aggressive litigator whose no-holds-barred approach could make even those closest to him cringe on occasion, but he loved life, lived it to the fullest, and would give you the shirt off his back. Barbara was just the same - they were two peas in a pod. They made each other truly happy, and they did not deserve this end to their lives. I don't know the rest of Dan's family, but Dan and Barbara could never be called trash.

Dave Bent, Sacramento

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Barbara and Dan : 5/26/2009

Thank you Dave. I am Barbara's sister.....................Christine Adams

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: 6/18/2009

Actually non of them are white trash!!! Very sad for both families involved....it is just simply sad and unessesary and no one knows what could drive someone to commit such a crime. They were all nice people and it is a sad story all around for many people involved.

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Emily Blunt : 12/12/2009

Emily Blunt. What are you? An antagonist? These are people's lives and families you are talking about. I happen to be related to this family. I find your comment offensive, immature and noncaring. When someone says something nasty about another person they usually are lacking in education and are insecure about themselves.

David Moloney

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last sentence of article : 3/7/2010

Since last sentence of article "cited conflicts" when asked about any criminal history???? Does a past criminal history exist that is pertinent to this case? Apparently there are some "deep seeded family conflicts" Why does one brother sue another brother? Why does one brother shoot another brother, after working closely with him, and for him over a period of TWO years? If there was a "past history of violent conflict", why would you want to take a chance dealing with that person? I have just so many questions about this case. Why continue with a contractor, even if he was your brother, if you knew he wasn't paying required workers comp insurance? Does a "low bid" on a house and "paying for materials"
outside of the contracted amount affect a person's property taxes? Maybe both individuals were seeking the same goal,
"lower taxes." One man earned his income in construction and the other in the legal arena, Oil and Vinegar don't mix.

justwondering

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