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Suspect Charged With Homeless Man's Murder

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Jan 26, 2009 4:20 pm US/Pacific

Suspect Charged With Homeless Man's Murder

LOS ANGELES A 30-year-old man suspected of burning a homeless man to death last year in the Westlake District was charged Monday with murder and other felonies that could open him to the death penalty.

Benjamin Matthew Martin was arrested Thursday in Rancho Mirage in connection with the murder of 55-year-old John Robert McGraham.

According to police, McGraham was in the 3500 block of West Third Street, near Vermont Avenue, around 9:40 p.m. Oct. 9 when he was doused with a flammable liquid, possibly gasoline, and set on fire.

Martin's arraignment was continued until Feb. 9. He remains jailed without bail.

Los Angeles Councilman Tom LaBonge said McGraham was mentally ill, and living on the streets, where he was known to hundreds of people as a harmless person.

In addition to murder, Martin was also charged with torture, arson causing great bodily injury and arson of property. The murder charge includes the special circumstance allegations of murder by torture and murder by means of lying in wait.

The charges and special circumstances could open Martin to the death penalty, but prosecutors will not decide whether to seek that punishment until the case moves closer to trial, said Deputy District Attorney Renee Rose of the Target Crimes Division, Arson Unit.

(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

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