Fregia planned to 'terrorize' girlfriend with fire 

Mark Fregia admitted on cross-examination today that he had been prepared to use gasoline and a lighter to terrorize his former girlfriend while inside a car with her two children, but said he had not intended to kill any of them.

"The thought of killing her never crossed my mind," Fregia said.

"--Just to use gas and a lighter to terrorize Erin in a car with two kids," prosecutor Paul Graves said.

"Yes," Fregia said.

Fregia, 39, is on trial in Contra Costa County Superior Court in Martinez for the murder of the two children, 2-year-old Daelin Fregia and 6-year-old Devlin Weaver, and the attempted murder of their mother, Erin

Weaver, 31.

He has also been charged with arson causing great bodily injury, aggravated mayhem, kidnapping and carjacking for allegedly pouring gasoline on Weaver and setting her on fire inside his car on a freeway in Pinole on Dec. 18, 2003. Both the children died in the fire.

Fregia testified Wednesday that he tried to save the children, but got to them too late.

Graves argued in his opening statements that Fregia never tried to save the children or help Weaver. Instead, he carjacked a woman who stopped to help and fled the scene.

Fregia said he stole the car and sped away in order to go commit suicide.

If convicted, Fregia could face the death penalty.

Earlier today Graves cross-examined Fregia on previous incidences of domestic violence.

In 1994 he was convicted of kidnapping and assault with a deadly weapon for a 1993 assault on a former girlfriend he believed had been cheating on him. He allegedly tricked her into getting into his car with her 2-year-old son on her lap and hit her. Her nose was bleeding all over the toddler when she tried to flag down a police officer.

To stop her, Fregia allegedly held a knife to her throat and threatened to kill her if she didn't keep quiet. Later, he brought the woman to his house and allegedly coerced her to have sex with him in the presence of her son.

Fregia said he didn't hold the knife to her throat. He merely showed her the knife and threatened to kill her. He also said the sex was consensual and the toddler was asleep at the time.

The girlfriend allegedly tried to kill herself the next day.

Graves also questioned Fregia on two other relationships that turned violent, one in which he threw a different girlfriend on the ground and spat on her and another in which he beat and stalked woman who had just broken up with him.

— Bay City News

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