Merced restaurant owner was killed with claw hammer, police report reveals

A claw hammer, box-cutter knife and a strange alibi about an attacker in bloody clothes.

Those are just a few details Merced police detectives have investigated in this week's homicide of Benjamin Ayroso Munsayac, 49, at a Merced care home for the elderly.

The sole suspect in the case, Evan James Lovett, 21, has pleaded not guilty to the charges, including murder, with special circumstances for robbery-carjacking, committing a crime for financial gain and use of a deadly weapon.

Merced police on Friday revealed that the victim died of blunt force trauma. Court records show that police believe Lovett used a hammer to kill Munsayac, possibly in a dispute over money.

Munsayac was killed at Accesscare Home of Merced at 128 E. Main St. According to police reports, officers found Munsayac's body inside his bedroom at the home, where he worked as a licensed caregiver. He was covered in blood, lying on his back inside a half-open closet. Munsayac appeared to have injuries to his head.

Police also found a claw hammer with an orange handle on the bed, along with a box-cutter knife. There appeared to be blood on the hammer.

Police learned about the killing after a caller reported to dispatchers late Monday that Lovett had been at the Gateway Motel on West 16th Street. The caller said Lovett had blood on his pants and shoes, and was making statements that he killed someone.

Around midnight, police responded to a report of a crash in the 800 block of East Childs Avenue. When officers arrived, they spotted an abandoned Chrysler, which was later determined to be the victim's car. Lovett was found by officers hiding in bushes nearby, with blood on his pants and shoes. He had a blood alcohol concentration between 0.09 and 0.10 percent, according to breath tests.

During interviews with detectives, Lovett gave numerous statements -- and even claimed he was forced to wear the bloody clothes at gunpoint by an unidentified "Latino" person. Lovett said he'd been walking through a field Monday when he saw an accident. He decided to help out the three occupants inside the car, and one of them hit him several times in the face. Lovett said the person put a gun to his face, ordering him to take his pants and shoes off, according to the report.

Lovett said he complied, but the person then took out a bloody rag and began wiping it on his hands, legs and shirt. Lovett said he then put on the gunman's bloody pants and shoes.

"He said this individual made him do it because the subject wanted to make it look like Lovett was driving the vehicle," a detective wrote in the report.

Police also asked Lovett about scratches on his face, and he claimed they happened after he'd been hit by the gunman and fell down, "rolling around in some twigs." He later claimed the scratches were from being thrown on the pavement by police officers.

Lovett said he'd taken his wallet out and put it into his pocket while he was hiding in the bushes. Detectives asked Lovett whether the gunman allowed him to take his wallet out of his original pants and put it in the bloody clothes. Lovett replied the gunman "didn't allow me to do anything, I just did it."

When asked about his involvement with the victim, Lovett said he and his girlfriend, Ashly Rose, had worked as caregivers at Accesscare up until a month ago, and had seen the job advertised on Craigslist. Lovett claimed Munsayac, the owner, had tried to "jerk them around," according to the report. Lovett also said he'd threatened to beat up Munsayac, if he didn't pay money that was owed.

Lovett denied driving Munsayac's car, but said he previously unloaded groceries and other items from it. Lovett later changed his story, claiming that after he put on the bloody clothes, he went to the gunman's car, started looking through it and tried starting it.

Detective Chris Russell asked Lovett why he felt it was safe enough to walk across a field and take a car from someone who'd just put a gun to his head and made him change clothes. Lovett replied that he'd "taken offense" that someone had "just done this to him so he wanted to take something from him," according to the police report.

The interview ended after police told Lovett their investigation was indeed into Munsayac's death, at which point Lovett put his head down in his arms and started to cry. Detectives started to discuss the evidence they had against him, at which point he became irate and asked for an attorney.

When asked about Lovett's alibi, Sgt. Scott Skinner said police are still investigating whether it could be true. "We believe we are going to be able to show that's not the events that occurred here," Skinner said.

Detectives believe the injuries on Lovett's face happened during the violent incident with Munsayac. Skinner said the injuries may have been inflicted on Lovett when the victim was trying to defend himself.

Skinner said detectives are trying to determine whether the victim owed Lovett money, and if so, how much.

The suspect's father, James Lovett, claimed someone by the name of "Sam" was involved in the killing. Skinner said it appears no one else was involved.

"Because of what the father has said, we are going to be looking into that," Skinner said

In addition to being a care giver, Munsayac was a co-owner of the Traditional Filipino Cuisine restaurant in North Merced's Raley's shopping center.

Prosecutors say Lovett has a criminal record from Alaska, in addition to child endangerment and drug charges in Merced prior to the homicide. Prosecutors haven't elaborated on the Alaska record.

Lovett's also charged with one count of robbery, one count of carjacking and two misdemeanor DUI counts. He remains at the Merced County Jail without bail.

Managing Editor Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsunstar.com.

This story was originally published February 24, 2012 at 4:42 PM with the headline "Merced restaurant owner was killed with claw hammer, police report reveals."