Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Some trees and a man died for this

Michael Vilkin claims John Upton threatened him repeatedly

Michael Vilkin (right) and defense attorney Richard Berkon
Michael Vilkin (right) and defense attorney Richard Berkon

“Mr. Vilkin protected himself,” said attorney Richard Berkon, speaking for a man accused of killing his neighbor. “This case was justified. It was self-defense.”

Trial began yesterday, June 5, for an Encinitas man charged with murder in the shooting death of a person with whom he had a yearlong dispute over the removal of shrubbery on a vacant lot.

Land owned by Vilkin
John Upton

Berkon claimed Michael Vilkin, 63, had suffered bullying and intimidation and threats while he worked to clear the brush on two undeveloped acres he bought at 2902 Lone Jack Road.

Sponsored
Sponsored

John Charles Upton, 56, a man who rented a home on an adjoining property, repeatedly confronted Vilkin, Berkon claimed. “He can’t set foot on his land without something coming from Mr. Upton.”

Upton demanded to know why Vilkin was “ruining the view” and removing trees that provided privacy from other neighbors, the defense attorney said in opening statements.

Upton, described in an autopsy report as 6 feet 2 inches tall and 236 pounds, was “cursing [and] getting nose-to-nose with Mr. Vilkin,” who is 5 feet 5 inches tall and 165 pounds, the defense attorney claimed.

Vilkin, who immigrated to the United States from the former Soviet Union in the 1980s, had phoned the sheriff’s department asking for help multiple times, his attorney claimed. The week before the shooting, Vilkin called for help and the deputy who responded witnessed Upton “screaming and yelling and cursing” and trying to “get in the face” of Vilkin, according to the defense attorney.

March 28, 2013, was the last meeting of the two men. Vilkin shot Upton twice, first in the belly and then one shot to the forehead, with a .44 caliber revolver that Vilkin had brought with him to the property. “Mr. Vilkin fired in self defense. He was justified in shooting Mr. Upton that day,” Berkon told the jury.

Trial resumes Monday morning, June 9, in San Diego’s North County Superior Courthouse.

The latest copy of the Reader

Please enjoy this clickable Reader flipbook. Linked text and ads are flash-highlighted in blue for your convenience. To enhance your viewing, please open full screen mode by clicking the icon on the far right of the black flipbook toolbar.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Birding & Brews: Breakfast Edition, ZZ Ward, Doggie Street Festival & Pet Adopt-A-Thon

Events November 21-November 23, 2024
Michael Vilkin (right) and defense attorney Richard Berkon
Michael Vilkin (right) and defense attorney Richard Berkon

“Mr. Vilkin protected himself,” said attorney Richard Berkon, speaking for a man accused of killing his neighbor. “This case was justified. It was self-defense.”

Trial began yesterday, June 5, for an Encinitas man charged with murder in the shooting death of a person with whom he had a yearlong dispute over the removal of shrubbery on a vacant lot.

Land owned by Vilkin
John Upton

Berkon claimed Michael Vilkin, 63, had suffered bullying and intimidation and threats while he worked to clear the brush on two undeveloped acres he bought at 2902 Lone Jack Road.

Sponsored
Sponsored

John Charles Upton, 56, a man who rented a home on an adjoining property, repeatedly confronted Vilkin, Berkon claimed. “He can’t set foot on his land without something coming from Mr. Upton.”

Upton demanded to know why Vilkin was “ruining the view” and removing trees that provided privacy from other neighbors, the defense attorney said in opening statements.

Upton, described in an autopsy report as 6 feet 2 inches tall and 236 pounds, was “cursing [and] getting nose-to-nose with Mr. Vilkin,” who is 5 feet 5 inches tall and 165 pounds, the defense attorney claimed.

Vilkin, who immigrated to the United States from the former Soviet Union in the 1980s, had phoned the sheriff’s department asking for help multiple times, his attorney claimed. The week before the shooting, Vilkin called for help and the deputy who responded witnessed Upton “screaming and yelling and cursing” and trying to “get in the face” of Vilkin, according to the defense attorney.

March 28, 2013, was the last meeting of the two men. Vilkin shot Upton twice, first in the belly and then one shot to the forehead, with a .44 caliber revolver that Vilkin had brought with him to the property. “Mr. Vilkin fired in self defense. He was justified in shooting Mr. Upton that day,” Berkon told the jury.

Trial resumes Monday morning, June 9, in San Diego’s North County Superior Courthouse.

Comments
Sponsored

The latest copy of the Reader

Please enjoy this clickable Reader flipbook. Linked text and ads are flash-highlighted in blue for your convenience. To enhance your viewing, please open full screen mode by clicking the icon on the far right of the black flipbook toolbar.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Escondido planners nix office building switch to apartments

Not enough open space, not enough closets for Hickory Street plans
Next Article

Pie pleasure at Queenstown Public House

A taste of New Zealand brings back happy memories
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader