Batten sentenced 26 years to life for his part in South Lake Tahoe murder

SOUTH LAKE TAHOE, Calif. - He was the star running back of Benicia High School before graduating in 2015. He led the Panthers with 901 rushing yards and 15 total touchdowns his senior year and was named their Most Valuable Offensive Player.

Less than one year later he was in South Lake Tahoe with a group of men accused of fatally shooting Dennis "Spike" Wright, Jr. over a drug deal at the Beverly Lodge.

Tristan Batten was 18-years-old when he made the choice that put him behind the wheel of one of two cars that brought five men from the Bay Area to South Lake Tahoe on a cold and snowy January 30, 2016.

Wright brought 100 pounds of marijuana to South Lake Tahoe to sell to a prearranged buyer at the motel. As the buyer backed out and Wright was packing up the unsold pot, he was shot twice, once in the thigh and once in the chest, and died of his injuries. The investigation by South Lake Tahoe police detectives led them around the country to arrest all of the suspects with Batten being arrested in Vallejo on February 16, 2016, just 17 days after the murder of Wright.

Batten was the first of seven arrested for Spike's murder, and the first to be sentenced.

On November 16, 2016, Batten changed his previous not guilty plea to guilty and his record was immediately sealed. As a result of the guilty plea, Batten was becoming a witness in the case against the others and facing far fewer years in prison than the 25 years to life he'd face without the plea, most likely time served. Most likely, he could have been out with time served.

That all changed during the trial of Dion Jermaine Vacarro, one of the other men charged in the murder and robbery of Wright. On the third day of the trial, Batten was due to testify but he surprised all in the courtroom by refusing to answer all of Deputy District Attorney Casey Mandrell's questions. Instead, he spent his time in the witness stand pleading the fifth (on the grounds he might incriminate himself)

On Friday, October 2, 2020, Batten was sentenced to prison for 31 years to life by Judge Suzanne Kingsbury for murder, involuntary manslaughter, 2nd degree robbery and 2nd degree robbery where a weapon was present.

"I though a lot about what I'd say to this group," said Judge Kingsbury of those charged in Wright's murder, robbery. "I didn't think Mr. Batten would be the first. Your choices in this matter - your family pays a price just as Mr. Wrights family."

The judge said she saw someone in the courtroom the day Batten changed his plea, someone who had not been there during the years of pre-trial court activity, and has not been there since.

Many involved in the case have said they think someone got to Batten to change his plea so he wouldn't testify against Vaccaro. But things perhaps didn't turn out as planned as the court read Batten's previous Grand Jury testimony, word for word.

"You had the opportunity to set things right," Judge Kingsbury told Batten Friday.

Several others had things to say to the man who has been sitting in the El Dorado County Jail since 2016.

"You took my sunshine," said Spike's mother Janet Wright during the victim's impact statement portion of the sentencing. "He was a kind man."

As she looked over at Batten who was sitting about eight feet away, she tearfully read her statement.

"I hate what happened," said Janet, "I hope you get what you deserve. You should all be ashamed of yourselves."

Janet thanked the court for their work over the past four years, nine months.

Spike's girlfriend and her family, Spike's sister and a long-time friend all had a chance to speak. They all told Batten how his choice changed the lives of everyone in the courtroom.

"I wish you would have followed up on your agreement," Judge Kingsbury said as she sentenced Batten.

"We've had too many senseless deaths," said the judge about the rising number of homicides over marijuana in El Dorado County. "It is so very senseless, it is so very sad."

Batten has sixty days to file an appeal. When the El Dorado County Sheriff's Office is able to, Batten will be transferred to the California Department of Corrections.

Concerning the others charged with Spike's murder and robbery:

Andrew Adams, Tevarez Lopez, Domenic Randolph and Harvest Davidson have been in ongoing court proceedings while being housed in the county jail. Their cases will be heard again on January 29, 2021. That is one day shy of the fifth anniversary of the murder of Dennis "Spike" Wright, Jr.

Dion Jermaine Vacarro was found guilty of murder by a jury on February 25, 2020. He was granted a change in attorneys after that and is scheduled to be sentenced on November 6, 2020.

Vanessa Muzio, Vacarro's girlfriend at the time, has already served time for being an accessory to murder.