SIMI VALLEY : Man, 24, Convicted in Transient’s Death

In a victory for the defense, a Simi Valley man was convicted of second-degree murder Thursday in the death of a drunken transient 6 1/2 years ago.

Deputy Dist. Atty. James D. Ellison had asked the Ventura County Superior Court jury to convict David A. Dunlap, 24, of first-degree murder in the fatal stabbing of Derek VanDusen, 33.

But after two days of deliberation, the jurors agreed on the second-degree verdict and they acquitted Dunlap of a charge of conspiracy to commit murder. Several jurors, who asked not to be identified, said they were not convinced beyond a reasonable doubt that Dunlap premeditated the slaying--a key element of first-degree murder.

According to trial testimony, Dunlap and a friend, John Robert Kilroy, found VanDusen passed out in an abandoned house in Simi Valley in January, 1986. The two friends--both teen-agers at the time--went to a nearby park to smoke marijuana, then returned to the house with a third youth, Todd Jones.

In a videotaped confession played for the jury, Dunlap said Kilroy suggested the stabbing while they were at the park. Dunlap said he did not think Kilroy was serious.

Back at the house, however, Kilroy stabbed VanDusen several times in the back, Dunlap said in his confession. Dunlap said he stabbed the victim next, and then Jones reluctantly joined in.

Dunlap was arrested in February after he made incriminating statements to a police informant. Kilroy was already in prison, serving a 19-year term for attempted murder in a different case. He was convicted Aug. 12 of first-degree murder in the VanDusen slaying and is awaiting sentencing.

Jones was given immunity in exchange for his testimony against the other suspects.

Dunlap showed no reaction Thursday as the verdicts were read. He faces a mandatory sentence of 16 years to life, contrasted with a term of at least 26 years if he had been convicted of first-degree murder.

His attorney, Willard P. Wiksell, had sought the second-degree verdict, but he said it was not a happy moment. “You’ve got one guy dead and another goes to prison for 16 years,” Wiksell said.

Judge James M. McNally scheduled sentencing for Oct. 5.