Boy, 16, held in Vitale slaying

Investigators have arrested a 16-year-old boy in the slaying of Pamela Vitale, a Contra Costa Sheriff's Office spokesman confirmed today. ;;;;;;;;; The boy, who a law enforcement source said lived down the street from Vitale, was questioned and taken to Juvenile Hall. ;;;

Lee refused to take questions from reporters or confirm the suspect's identity, although sources said the boy is a junior at Acalanes High School in Lafayette.

Early Tuesday, the school was a grappling with the notion one of its own might be responsible for such a violent crime. Students were in tears and a few police officers were on campus to keep the media from swarming the school, said Lafayette Police Detective Craig Jiminez. ;;;;;; A law enforcement source said the killer carved some kind of gothic symbol in Vitales back.;

Better details in the SF paper...

10-20) 13:55 PDT MARTINEZ -- Authorities have arrested a 16-year-old boy who lives near homicide victim Pamela Vitale, the wife of well-known defense attorney Daniel Horowitz, in connection with the killing, and sources told The Chronicle her slaying stemmed from a credit-card theft scheme.

Investigators arrested Scott Dyleski late Wednesday night at a relative's house after obtaining a warrant alleging murder, and one source told The Chronicle that Dyleski will be charged as an adult. The Contra Costa County District Attorney's Office expects to review the case Friday in order to make a charging decision, said Harold Jewett, the head of the office's homicide unit. He declined to comment further.

Authorities believe Dyleski killed Vitale, 52, on Saturday by striking her 39 times in the head with a piece of crown molding, then carved some kind of gothic signature into her back, the source said.

Dyleski, who is 5'5" tall and weighs 110 pounds, had scratches on his face and legs consistent with a violent struggle when arrested, the source said. One student who knows Dyleski said the teenager was a typical kid until the eight grade, when his personality and demeanor darkened noticeably.

Horowitz could not be reached for comment, but his friend, attorney Bob Massi, said Horowitz learned of the arrest early this morning.

"He was visibly relieved and thankful that justice will ultimately prevail in this case," Massi said.

The motive for the killing appears to stem from a credit-card theft scheme allegedly carried out by Dyleski and another teenage friend, who has not been implicated in the killing, one source said on condition of anonymity.

Investigators believe Dyleski and his friend planned to start a marijuana-growing operation, with Dyleski in charge of raising money, one source said. Dyleski is believed to have stolen credit card bills from several mailboxes and used the cards to order supplies, the source said.

Julie Partridge, who lives next door to the Horowitz property, said that in recent months a number of people in the area spoke of having mail stolen out of the common mailbox area at the bottom of the hill.

She was shocked to hear that her 16-year-old neighbor was a suspect.

"This is completely stunning to me," Partridge said. "This is so sad. I had no idea that he could do a thing like this."

Sources say Dyleski ordered supplies Oct. 12 and believed they were delivered to Vitale's house on Hunsaker Canyon Road in Lafayette, although they never were delivered, the source said. Dyleski is believed to have gone to the property Saturday morning to find the supplies and had a confrontation with Vitale, the source said.

Dyleski drank a glass of water after the killing, washed his hands in the sink, took a shower at the house and left the weapon behind, the source said. The youth lives about a mile up the road from Horowitz and Vitale, but a trail through the secluded canyon places the two houses much closer.

Contra Costa sheriff's spokesman Jimmy Lee said the arrests followed searches Wednesday night in Walnut Creek and one in Lafayette. The youth was being held at Contra Costa Juvenile Hall in Martinez.

"The investigation is still going on," said Lee, who declined to take questions or offer further details. "Much more work still needs to be done. As I speak right now, we're still interviewing people. Our crime lab is hard at work. We're still analyzing evidence and waiting for test results to come back."

Joseph William Lynch, who lives on the property Horowitz owns and was questioned extensively by investigators because he'd had an acrimonious history with the couple, said Thursday that he knew he would draw scrutiny but was confident the killer would be caught.

"I knew I didn't do it, I always knew I didn't do anything wrong," Lynch said. "I talked to the police as much as I could to help them catch the killer. I cooperated and let them have everything they wanted so they would get done with me and find the person who did this awful thing."

Sources say Dyleski attended Acalanes High School, but took the GED and was studying art at Diablo Valley College. He apparently had no prior trouble with law enforcement.

A student at Acalanes, who asked not to be identified, said he knew Dyleski when the two attended Stanley Middle School together in Lafayette. He described the suspect as a "normal" suburban kid who was a Boy Scout, loved baseball and earned good grades. But Dyleski's life took a turn between the seventh and eighth grade, the boy aid.

In 8th grade, Dyleski started wearing a black trench coat and elaborate metal jewelry on his fingers and his behavior seemed strange, the boy said. Dyleski was defensive about his trench coat and once punched a sixth grader who said something about it, the boy said. School officials banned trench coats shortly thereafter, but Dyleski continued wearing black clothing, the boy said.

"It wasn't just the coat and the things on his hands, it was his attitude and his personality. It changed too. He seemed angry," the boy said.

The school's principal refused to comment.

A woman at Dyleski's home near the Wildwoods Resort also declined to comment this morning. A barking dog and four chickens were in the yard along with clothing, building supplies and broken-down cars and bicycles.

Another relative, contacted by phone, said, "I have no comment."

The Vitale slaying has garnered national headlines, in part because Horowitz is a well-known television personality who often provides commentary on high-profile trials and cases. Before the killing, he was representing Susan Polk, an Orinda woman suspected of fatally stabbing her husband. A judge declare a mistrial in that case earlier this week.

Horowitz could not be reached for comment this morning. He has told The Chronicle that his wife "fought like hell" during the struggle in which she was killed. He said he found his wife at about 6 p.m. Saturday in the entryway to the couple's mobile home adjacent to the 7,000-square-foot home the couple was building.

Vitale was lying on the floor, against the couple's 65-inch television set, wearing only panties and a T-shirt, and had a large gash on her head, Horowitz said. The television had been moved about 2½ feet during the struggle, and other furniture had been disturbed, he said.

Nothing was stolen from their home and it didn't look as if his wife had been sexually assaulted, Horowitz said.

A private memorial service for Vitale is scheduled for today.

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