Court Overturns Conviction of Man Who Killed Father-in-Law

A state appeal court has overturned the 1985 conviction of a North Hollywood ice-cream vendor for killing his father-in-law and attempting to kill his mother-in-law with a rifle.

The 2nd District Court of Appeal reversed the first-degree-murder and attempted-murder convictions on the grounds that the San Fernando Superior Court jury that heard the case against Armik Markarian had been improperly instructed by the judge. The jury was told to assume that Markarian was of sound mind when the crime was committed, although there was evidence that he was intoxicated and mentally disabled, the court said.

Markarian, 35, will be retried on the murder and attempted-murder charges, said Deputy Dist. Atty. Steven D. Ogden, the prosecutor.

Markarian, a native of Tehran who required a Farsi interpreter during the trial, was originally charged with murder and two counts of attempted murder in connection with the Sept. 10, 1984, rampage at the home of his wife’s parents in North Hollywood.

Marital Difficulties

Markarian, who allegedly was angry because his wife, Maria, had left him, was accused of fatally shooting his father-in-law, Orlando Lazabel, and aiming his rifle at his mother-in-law, Maria Lazabel, only to find it was empty.

“While there was substantial evidence that the defendant was under the influence of alcohol, there had been a history of acting out against members of his wife’s family and against his estranged wife,” Ogden said.

“Markarian had apparently planned the murders and planned to make his departure from the city after killing his estranged wife’s parents and after kidnaping his stepdaughter. His account of the events was totally preposterous.”

Markarian testified at his trial that he was drunk when he stormed into the house and that he did not know whom he was shooting when he killed his father-in-law.

The appeal-court decision did not affect Markarian’s conviction for assault with a deadly weapon for wounding his wife in the hand shortly before he killed her father. He remains in custody on that conviction.

After Markarian’s conviction for first-degree murder and attempted murder, San Fernando Superior Court Judge David Perez sentenced him on Dec. 20, 1985, to 39 years to life in prison.