Convicted killer accused of murdering Lakeside man faces life in prison without parole

EL CAJON (KUSI) — A convicted killer now facing a charge of murdering a carnival worker outside a Lakeside tavern will face life in prison without parole if convicted, a prosecutor said Thursday.

The prosecution opted not to seek the death penalty for Destin Withers, who is charged with the Feb. 11, 2008, shooting death of 28-year-old Mark "Randy” Vogler.

Withers, 40, was convicted two years ago of first-degree murder in the shooting death of a 20-year-old woman in Escondido and was sentenced to 33 years to life in prison. Because of his previous murder conviction, he could have faced a possible death sentence in connection with Vogler’s killing.

Brian Baldino, 31, is also charged with Vogler’s murder. The victim was gunned down while leaving the Lakeside Roundup tavern about 10:35 p.m. A motive was not clear.