The case against the man accused of killing gay reality TV star Eduardo Xol in Palm Springs is headed back to court next week where a possible pretrial settlement is scheduled to be discussed. Richard Joseph Gonzales, 35, faces a life sentence for fatally stabbing Xol on September 10.
In court documents recently obtained by the Bay Area Reporter, prosecutors state that Gonzales stabbed Xol with a knife more than 20 times, leaving him in a coma. He died in a hospital 10 days later.
Gonzales has pleaded not guilty and remains in jail.
The court papers also state that the crime is being classified as domestic violence and that if the case goes to trial, prosecutors intend to introduce evidence of Gonzales' prior domestic violence history involving another victim. The documents also mentioned police body and dashboard camera video of the officers' response to the incident. A court order issued two days after the alleged stabbing prohibits the release of the video to anyone other than the defense and prosecution legal teams.
Xol, 58, starred in ABC's "Extreme Makeover Home Edition." He was an actor and former San Francisco resident. In San Francisco, he was a prosecution witness in a high-profile 1998 homicide case against Josh Puckett, who was his roommate and co-worker at the legendary Pozole Restaurant in the Castro. Puckett was eventually sentenced to a 13-year, eight-month prison term as part of a plea bargain for killing Vitaly Poliakov, a 29-year-old gay man, in Orinda. Puckett was released on parole in 2008.
Xol was stabbed in an apartment in downtown Palm Springs just east of the gay-popular East Arenas Road District, as the B.A.R. previously reported. Police say Xol was able to call authorities for help. He was rushed to a hospital and, according to prosecutors, he was in a coma at the time of one of their court filings two days later. He died on September 20.
Hours after the stabbing, police say Gonzales called them from about a mile away from the scene of the incident to say that he was assaulted earlier that morning. Police apparently did not believe his story and arrested him for the stabbing. Prosecutors asked that he remain in jail with no bail. They cited his long juvenile and adult criminal history, including his parole violations. A judge granted that request and signed off on a restraining order prohibiting Gonzales from contacting Xol, an order that was moot days later when Xol died.
Gonzales' next court appearance will be in Riverside County Superior Court in Indio on Wednesday, December 18. The court documents gave no hint as to whether prosecutors are considering offering Gonzales a plea deal. The Riverside County District Attorney's office did not confirm anything in a brief response.
"In response to this inquiry, our office does not discuss or confirm if any plea negotiations are being conducted in any case," a spokesperson stated.
The Riverside County Public Defender's office did not respond to a request for comment.
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