The defense attorney and his investigator were able to locate a gun that OPD had missed during the initial investigation, ultimately leading to the double dismissal.
OAKLAND — In a move that was reportedly months in the making, the Alameda County District Attorney’s office has dismissed two murder charges against an Oakland man who was accused of killing his girlfriend and a man inside his apartment, court records show.
The dismissal was aided in large part by the discovery of a firearm at the crime scene, made by a defense attorney and private investigator, which police investigators had apparently missed, according to the defendant’s lawyer.
Franz Lucablue Gadient, 34, had been charged with murdering Mari Alice Shaw, 22, and Jesse Sky Willner, 44, in a November 2021 shooting inside the Oakland apartment where Shaw and Gadient lived. But the defense lobbied for months for prosecutors to dismiss the case, arguing that Gadient had killed an intruder, Willner, in self-defense after Willner opened fire into the home, killing Shaw.
At a Dec. 12 court appearance in Oakland, the defense got its wish; prosecutors dismissed both murder counts due to lack of evidence. Gadient was released from Santa Rita Jail that same day.
Defense lawyer Ernie Castillo, who represented Gadient, said that after his client was arrested, Castillo and his investigator inspected the apartment where the shooting took place and discovered a firearm that had been stashed somewhere close to the residence. It was later proven with a ballistics inspection that the discovered firearm had been used to kill Willner, while a gun found next to Willner had been used to kill Shaw, Castillo said.
“The hardest part of this case for Luca has been mourning the loss of his girlfriend while he was in custody, never getting any appropriate chance to say goodbye or have closure,” Castillo said. “He loved Ms. Shaw dearly, they were incredibly close and they had a great future together.”
At the start of the case, police accused Gadient of not just killing both victims but also staging the crime scene. Gadient claimed that after Willner shot into their bedroom, killing Shaw, he was able to charge Willner, disarm him, and shoot him with his own gun, according to court records.
What had actually happened, according to Castillo, was that Gadient had his own gun and shot Willner after Willner opened fire at the couple. Castillo said video showed Willner pacing around the apartment complex on 17th Street for hours before he allegedly headed up to the 33rd floor, broke in, and opened fire.
When police arrived at the scene, Gadient was covered in blood and frantic. He allegedly told a fourth person present at the apartment, “Don’t say s—” when police arrived, according to court records.
The Alameda County DA’s office didn’t respond to inquiries about the dismissal. Castillo said he hopes his client can “piece his life back together despite the emotional scars that he carries with him from being wrongly accused of murder and tragically losing his girlfriend.”
