Judge releases 1994 Pacific Beach murder suspect in surprise ruling

SAN DIEGO – A surprise release from jail was ordered March 30 for a 1994 murder suspect who was only recently charged with killing a man in Pacific Beach.

Deputy District Attorney John Philpott had asked San Diego Superior Court Judge Frank Birchak for either no bail or bail set at $2 million for Jeff Scott Brandenburg, 50, who was arrested last week in Santa Cruz.

Brandenburg is accused of fatally stabbing Clive Bland in the 700 block of Tourmaline St. on Jan. 2, 1994. He was arrested because of “forensic investigative genetic genealogy,” according to a release from the San Diego Police Department.

Philpott said there were “old pieces” of DNA found in evidence that linked Brandenburg to the stabbing. He matched the DNA profile of the killer, Philpott said.

Birchak asked the prosecutor if Brandenburg had other felony convictions in the last 32 years since the homicide. Philpott said Brandenburg had a misdemeanor drug conviction.

The judge said 32 years have passed since the homicide, and there appears to be no violence in Brandenburg’s life. Birchak acknowledged that other judges might not have made the same call regarding bail, but he was concerned about Brandenburg’s “adolescent brain development” since he was only 18 years old when it allegedly took place.

Afterward, Philpott said, “We respect the court’s decision, although we see it differently.”

Birchak granted a supervised own recognizance release, ordering that Brandenburg wear a global positioning system at all times. He further ordered Brandenburg not to possess any weapons, such as knives or a firearm, and not to make any threats to others. Brandenburg was also barred from using drugs and ordered to wear a patch that can detect their use.

Brandenberg, standing in jail clothes inside a glass cubicle, agreed to the conditions. He also pleaded not guilty to the murder charge.

The prosecutor said the victim was afraid, and they were “strangers to each other.” Philpott said Brandenburg represented “a danger to the community and a flight risk.”

His attorney, Jonathon Villavicencio, had argued for his client’s release and conferred with Brandenberg when asked about where will he live since he was arrested in Santa Cruz.

“He’s familiar with (homeless) shelters,” said Villavicencio. Philpott said afterwards that Brandenburg was homeless while he lived in Santa Cruz.

Brandenberg is barred from leaving San Diego County, and was told he would have to get authorization from officials to leave the area.

A July 28 preliminary hearing was scheduled.