(SFDA Press release)
San Francisco – District Attorney George Gascón announced today that husband and wife, Kip Macy, age 38, and Nicole Macy, age 37, pled guilty to 2 felony counts of residential burglary, 1 felony count of stalking, and 1 felony count of attempted grand theft. The defendants were recently extradited from Italy to face charges stemming from a landlord tenant dispute dating from September 2005 to December 2007.
“The actions of these defendants are so outlandish and brazen that it sounds like the plot line of a horror movie,” said District Attorney George Gascón. “This case shows you cannot flee this country and avoid the
consequences of your actions. These defendants will be held fully
accountable for their crimes.”
According to court documents, Kip and Nicole Macy wanted to evict tenants out of an apartment building they owned on Clementina Street in the South of Market. In August 2006, Nicole Macy sent a fraudulent email, from an email account which she created, to the victim’s civil attorney in a civil matter against the defendants. In the email, she fires the victim’s attorney while pretending to be the victim. Additionally, Nicole Macy also sent a fraudulent email from another email account that she created, this time to her and her husband’s own civil attorneys in the civil matter. In that e-mail, Nicole Macy threatens to kidnap and dismember the attorneys’
children while still pretending to be the victim.
The situation escalated to more dangerous behavior. In September 2006, there were two separate incidents where the defendants cut holes in the floor of one victim’s living room with a power saw while he was inside his apartment. The defendants also cut multiple sections out of the joists below the victim’s floor, in an apparent attempt to make the floor collapse while people were standing on it. Before cutting the joists, Nicole Macy had asked a Department of Building Inspector which beam she would need to cut to make the building structurally unsound in order to red tag the building and order all tenants out.
In March 2007, Kip Macy purchased a semi-automatic handgun and told his building manager that if he came by the apartment building, Kip Macy would shoot him. The defendants also changed the locks of this victim’s apartment and removed all of the victim’s belongings from his apartment and destroyed them
In June 2007, defendants committed burglaries in three other tenants’ unit, removing nearly all of their belongings and putting them in garbage bags.
When the victims arrived, Kip Macy kicked one of the victim’s in the ribs.
$1800 in cash was missing and never recovered. Additionally, the defendants sent letters to these victims – one threatening to have them deported, and the other referencing the NRA and threatening the victims’
demise. In October 2007, the defendants soaked the victims’ beds, clothes and electronics with ammonia.
Over the course of two years, the defendants cut the victims’ telephone lines, shut off their electricity, gas and water, and prevented access to the utility box. Nicole Macy directed workers to board up one victim’s windows from the outside while he was in his apartment, and falsely reported trespassers in the victim’s apartment, causing him and a friend to be held by a police officer at gunpoint.
In April 2008, Kip and Nicole Macy were charged with felonies including first-degree residential burglary, stalking, conspiracy, grand theft, vandalism, false impersonation and criminal threats. Each defendant posted bail of $250,000. In February 2009, defendants were indicted by a grand jury. In June 2010, both defendants failed to appear for trial and bench warrants were issued for their arrest. On May 19, 2012, defendants were taken into custody in Italy with the help of special agents form the Diplomatic Security Service. Defendants were extradited, brought back to San Francisco on May 17, 2013, and bail was set at $2 million each.
On June 18, 2013, both defendants pled guilty to 2 felony counts of residential burglary, 1 felony count of stalking, and 1 felony count of attempted grand theft. Defendants will receive a sentence of 4 years and 4 months state prison and will receive 2 strikes under California’s Three Strikes Law. Sentencing is scheduled for August 22, 2013. Assistant District Attorney Kelly Burke is the prosecutor on the case.