Michael Dale first contacted 31-year-old Michaela Brashaye Rylaarsdam in March and April of 2023 after spotting her on a website typically used for escort and stripper services.

In texts and messages reviewed by investigators, the 55-year-old requested Rylaarsdam wrap him in Saran wrap like a mummy and glue women’s boots to his feet.

Rylaarsdam reportedly told investigators that the eventual meet up, on April 17, 2023, was the first time she had ever engaged in fetish behavior.

The encounter was reportedly between two adults consenting to what appeared to be bondage, discipline, dominance, submission, sadism and masochism, also known as BDSM. 

According to an affidavit for an arrest warrant prepared by police, at around 6 p.m. when Rylaarsdam arrived at the Escondido home where Dale rented a room, the 55-year-old appeared intoxicated. Despite that observation, Rylaarsdam decided to move forward with the encounter, authorities said.

To prove a second-degree murder charge, prosecutors have the burden to prove that the defendant had

implied malice — that she intentionally committed an act, and the natural and probable consequences of

that act were dangerous to life. The person had to have known it was dangerous, and that even if she didn't intend to kill, she deliberately acted with conscious disregard for life.

"The evidence showed that he hired her to perform bondage acts and fetish acts," said prosecutor David Jarman, of the San Diego County District Attorney's Office. "There is no indication that he asked her to obstruct his breathing, asked her to put tape over his mouth, asked her to put a plastic bag over his head."

He also noted that the bag — which he said had additional tape around it — was there for at least eight minutes.

"I can say the case was investigated thoroughly, and the investigators left no stone unturned," he said.

Rylaarsdam's La Mesa-based attorney, Daniel W. Cohen, said the evidence will show that Rylaarsdam "caused 911 to be called, gave CPR and cooperated with police."

"I think there was no intent to kill and no attempt to cover this up," he said. "And she acted appropriately when she realized this was a problem."

He said consent is not necessarily a defense to homicide, but it is "certainly a mitigating factor."

The main question in this case will be whether or not the actions that took place between Rylaarsdam and Dale were consensual. The incident was allegedly a part of two consenting adults partaking in bondage, discipline, dominance, submission, sadism, and masochism, also known as BDSM.

Consent is not a defense for homicide, according to common law, but it could be a factor in the case. She was charged with second-degree murder, which theorizes conscious disregard for human life, instead of first-degree murder, which would need intent to kill.

Second-degree murder is typically not considered accidental, but rather an intentional killing that lacks premeditation and deliberation, or an act with extreme recklessness that results in death. This charge can carry a sentence of 15 years to life.

Cases of Note

People v. Gudiel, 107 Cal. App. 5th 848, 328 Cal. Rptr. 3d 578 (2024)

Petitioner, who was serving prison term of 15 years to life for his conviction for second-degree murder, sought resentencing. The Superior Court, Los Angeles County Judge Stephen A. Marcus, denied the petition and appealed. The Court of Appeals held that substantial evidence supported petitioner's conviction for implied malice second-degree murder, and, thus, petitioner was ineligible for resentencing.

Sentencing and Punishment

Killing while committing other offense or in course of criminal conduct satisfies the reckless indifference standard for felony murder special circumstances is qualitatively different than the conscious disregard standard for implied malice second degree murder; the reckless indifference standard actually requires a subjective awareness of a higher degree of risk than the conscious disregard for human life standard.

The Law

California Penal Code § 189

Homicide

(a) All murder that is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or that is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 287, 288, or 289, or former Section 288a, or murder that is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree.

(b) All other kinds of murders are of the second degree.

(d) To prove the killing was “deliberate and premeditated,” it is not necessary to prove the defendant maturely and meaningfully reflected upon the gravity of the defendant’s act.

(e) A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) in which a death occurs is liable for murder only if one of the following is proven:

(1) The person was the actual killer.

(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree.

(3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2.

California Penal Code § 193

Involuntary Manslaughter

(a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years.

(b) Involuntary manslaughter is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

(c) Vehicular manslaughter is punishable as follows:

(1) A violation of paragraph (1) of subdivision (c) of Section 192 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years.

(2) A violation of paragraph (2) of subdivision (c) of Section 192 is punishable by imprisonment in the county jail for not more than one year.

(3) A violation of paragraph (3) of subdivision (c) of Section 192 is punishable by imprisonment in the state prison for 4, 6, or 10 years.

California Penal Code § 205

Mayhem

A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of parole.

California Penal Code § 152. 

Accidental death; knowledge and concealment; misdemeanor; punishment

(a) Every person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.

(b) For purposes of this section, “to actively conceal an accidental death” means any of the following:

(1) To perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body.

(2) To directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues.

(3) To destroy or suppress the actual physical instrumentality of death.