Catherine Crier: Final Analysis

“Have either of you been drinking? Using drugs?”

“No.”

“Are there any weapons in the house?”

“I don’t know. You’d have to ask my wife. She has a shotgun,” Felix replied matter-of-factly.

The dispatcher’s tone took on a new urgency. “Your wife has a shotgun—as in she’s holding a shotgun?”

“No.” Felix replied with no further explanation.

“She’s got one in the house?” the dispatcher pressed on for information.

“I don’t know where it is. Probably in the car.”

“You don’t know if it’s locked up or not then?”

“I don’t know anything about it. You’ll have to ask her. But I feel at risk.”

As patrol units were dispatched to the scene, the operator continued to question Felix about what seemed to be a potentially threatening situation at 728 Miner Road. “So you said she vacated? Now did she move back in?”

Felix’s responses were brief, perhaps because Susan was standing beside him. “She moved to Montana, and she came back, actually to pick up her things and move back to Montana, and while I was at work, she moved me out of the house.”

When police arrived, they found Felix and Susan seated at the granite breakfast bar in the main house having a quiet conversation. Both parties appeared calm, yet Felix was annoyed that his wife had moved him out of the house. He insisted the officers ask Susan to leave and provided a copy of the signed order giving him sole custody of the Orinda residence. At one point, he told the officers that his wife had a shotgun, a claim that she immediately denied. In response to the officers’ questions, she explained she had been in Montana and recently returned to be with her sons, Gabriel and Eli. But after an argument with her husband, she had moved his belongings to the pool house, where she insisted he remain.

To the officers, the situation appeared to be under control. Even the teenage boy who had witnessed his parents’ fight assured them that there had been no physical contact or threats made. It was almost midnight when police advised Felix to find another place to sleep that night. He didn’t have the right paperwork to force his wife to leave, and it would be best for him to stay elsewhere until he and his wife could sort things out with the court.

Shortly thereafter, Gabriel and Felix left for the nearby Lafayette Park Hotel. Gabriel insisted on joining his father, who had been a frequent guest of the hotel, visits which led to rumors—albeit unsubstantiated—that he entertained women friends there while married to Susan.

The following morning, Felix drove Gabriel to school in the family’s beat-up blue Volvo sedan. That afternoon he called police from his hotel room, determined to regain control of the house.

“I was living there, and the officer [who’d come to the house the previous night] said that unless I had a court order indicating that I had use of the house, I couldn’t continue to live in the house,” he calmly explained to the operator. “I do have that court order now and I want to talk about implementing that court order.”

It was after 7 PM Thursday evening when Felix phoned police for a second time, requesting an officer be present while he and Gabriel went inside the Miner Road residence to fetch some of their belongings. Questions over Felix’s paperwork remained and it appeared he and his son would be spending a second night in Room 304 of the posh, hillside hotel, a standard room with two queen-size beds, French furnishings, and ample books on the shelves.

When officers met Felix at the base of the driveway after 7:30 PM, they informed him that he would need to be prepared to make a “citizen’s arrest” if his wife refused to leave the premises. Felix was visibly hesitant and asked if they would be able to speak to his wife first, but, in the end, it didn’t matter. As it turned out, Susan was not at home when Felix went to the front door with the police. Instead, he found a note posted there. It read:

Dear Felix,

You do not have a signed court order. By law, I have 10 days to respond from date of receipt of proposed order. I received it today. Adam and I are at the movies.

Susan

PS You are welcome to stay in cottage tonight.

The police watched as Felix tried to enter the residence only to find that Susan had changed the locks, leading them to advise Felix to follow up with his attorney in the morning. In the meantime, Felix returned to the Lafayette Park where he spent the remainder of the night.

While he should have remained at the hotel until things with Susan were resolved, he opted for the cottage. Despite his fears and the repeated advice of his attorney, Felix moved back into the pool house that Friday morning. Meanwhile Adam and Gabriel stayed in the main house with their mother. Though it was a risk that could lead to confrontation, Felix felt it was necessary so that he could spend time with Adam who was home from UCLA for the weekend.

It was yet another decision he would regret. In fact, in a letter dated September 23, 2002, his attorney, Steve Landes, had expressed frustration with Felix’s inability to protect himself. For more than a year, he fought to get Felix to proceed with the divorce. “Getting actual financial information out of you is like pulling teeth,” Landes wrote in the letter. “I don’t know why you call me and tell me you need to be protected and yet you ignore the most basic stuff I need to give you this protection.

“You give me the impression that you feel I’m harassing you when I ask for this stuff, but I can’t really proceed without it. How well we do in this case depends on both our efforts. I won’t even raise the issue of how often you have ignored my advice.”

On the evening of Saturday October 12, Felix took his sons to a horror film, The Ring, and afterward, he spent a second night in the Miner Road guesthouse. At the crack of dawn the next morning, Felix drove Adam back to UCLA and Gabe went along for the ride.

Felix and Gabe stayed to watch the Sunday afternoon Oakland Raiders football game on TV before beginning the four-hundred-mile drive back to Orinda sometime after 3 PM. During the trip, Gabriel sensed his dad was worried about his mother’s repeated threats, but these concerns were not strong enough to entice Felix to find alternate accommodations. Distracting each other with idle talk about sports, they decided to attend the Giants’ playoff game the following night.

It was almost 8 PM on Monday, October 14, and still, there had been no word from his dad. As Gabriel climbed the steps to the guesthouse, the darkness enveloped him. There were three entrances to the cottage, but he was hesitant to go in, scared of what he might find. The door he tried—the one everyone used—was locked, and he didn’t check the other doors. Besides, there were too many light switches and he could never figure out which switch worked which light. He returned to the main house and went back upstairs to his room where he stayed for about an hour, trying to figure out what to do; he was beginning to think that he would need the police if his dad didn’t turn up in the next hour.

It was exactly 9 PM when Gabriel dialed 911 to get the number of the Orinda police department’s nonemergency line. Even though his gut told him something was wrong, he didn’t want to make a fool of himself by calling authorities if there was nothing to report. He would try to locate the officer who had come to the house several days earlier to see if he’d heard anything. Perhaps his dad had been in a car crash, he thought.

“Nine-one-one,” said the female dispatcher who answered the call.

“Hi, can I get the nonemergency number for the police department?”