Posted on 05/13/2008 8:42:49 AM PDT by RDTF
Five young men from the affluent beachfront town of La Jolla, Calif., could be facing life in prison for the murder of pro surfer Emery Kauanui Jr., if a judge decides they acted as a gang.
Prosecutors say the men, calling themselves the Bird Rock Bandits, have been terrorizing members of the community for years. Their defense lawyers argued last week in a preliminary hearing that Kauanui's death was an accident after a one-on-one confrontation.
That distinction will determine if the men will face much stiffer penalties under California's anti-gang laws or face lesser charges such as involuntary manslaughter.
Seth Cravens, 22, Eric House, 21, Orlando Osuna, 23, Matthew Yanke, 21, and Henri "Hank" Hendricks, 22, were charged with murder in connection with the beating death last May of Kauanai, 24. They have pleaded not guilty.
Authorities say a fight broke out between House and Kauanai in a local bar. Police say the men then followed Kauanai home and beat him so badly he died of head injuries four days later.
"He was the best kid on earth, no mother could have such a good kid," said the victim's mother, Cindy Kauanui.
Prosecutors contend that the five men, many of whom come from well-to-do families, took a dark turn and their alleged gang activity went too far.
Cravens, once a high school football star, was the leader of the Bird Rock Bandits, according to authorities.
Hendricks was a backup quarterback and honor student at the University of New Hampshire. House, Yanke and Osuna were all high school athletes.
Mary Ellen Attridge, Cravens' attorney, said that just because the men hang out together doesn't mean they're a gang.
-snip-
(Excerpt) Read more at abcnews.go.com ...
So they could get life if they’re a “gang,” but not if they aren’t? Interesting law.
I’m reminded of the city manager of Charlotte, who observed that Charlotte doesn’t have a problem with criminal gangs ... it just has “groups of teens and young adults engaging in hostile or inappropriate behavior.”
Fighting surfer dudes? Did they look like Keanu Reeves and Patrick Swayze?
What else is a standard inner city street gang but a bunch of friends and acquaintances who call themselves by a stupid name and engage in illegal activity?
Well, as a defense, that's about terrible.
If I were on the jury, I'd be done listening as soon as I heard that.
California
More specifically, the judicial system in California has gone insane.
It’s a funny place.
This “gang” is going to need a name change when they check in to Pelican Bay. I suggest “Bent over the Bird Rock Bandits” will be much more appropriate a couple days after incarceration.
Oh yeah, only in California would defense attorneys claim accident in a murder trial. You’re on the case slick.
That's what a defense lawyer will likely argue: that they followed him to continue a verbal argument, that he initiated violance by attacking one of the group, that they all joined in the melee and that one of them accidentally struck a killing blow when all he was trying to do was to stop someone from hurting his friend.
Since the only witness physically involved in the altercation who could testify otherwise is conveniently dead, the defense would naturally present such a scenario.
And the judge is pondering "involuntary manslaughter".
It depends on state law, but involuntary manslaughter usually means that someone dies even though you did not intend to kill them - i.e. the defendants only wanted to commit aggravated assault, not murder.
Our nation has gone insane.
These men committed murder in very favorable circumstances - it would have been as difficult to successfully prosecute 50 years ago as well as now.
Usually, at least one member of a group like this confesses and pleads out, providing the state with the evidence it needs to nail the rest to the wall.
In this case, due to good legal advice, they are presenting a wall of reasonable doubt to the court.
You must be talking about Pam the Sham. The only thing she "managed" was to get the city to pay her far more than she was worth.
Ah, yes. I’d forgotten the name. What a dingbat! Maybe she’ll find a comfortable position in the new Governor’s office ;-).
-ccm
I knew a guy who devised a creative tactic for avoiding trouble when surfing in protected surf territories. He happened to be a big tall blond guy, so he would use black electrical tape to write “Surf Nazis” and a swastika on his board. Nobody ever bothered him.
If your group has a name, your probably in a gang.
And the defense is claiming "accident".Actually, Kauanui's girlfriend was there and witnessed the fight. She's the one who called the police. One of the attackers was still there when they arrived. Several people have since come forward to say that they were previously attacked by the same gang.That's what a defense lawyer will likely argue: that they followed him to continue a verbal argument, that he initiated violance by attacking one of the group, that they all joined in the melee and that one of them accidentally struck a killing blow when all he was trying to do was to stop someone from hurting his friend.
Since the only witness physically involved in the altercation who could testify otherwise is conveniently dead, the defense would naturally present such a scenario.
In most places, these guys would be toast, no matter how rich they are. But this is California, so who knows what will happen?
It’ll be a tough transition from “Bird Rock Bandits” to “Folsom Turd Burglars” methinks.
Tall tree, short rope....
The prosecutors need a change of venue and have this case transferred to a Los Angeles Courtroom!!!
I belong to the “Mustachioed Meanies.” We’re donut-munchin’, 50-somethings with love handles and concealed carry permits. Bedrock Birdie-Bandits? Never heard of ‘em. Who’s bad?! We’re bad!
Word of friendly advice to you guys...don’t drop the soap!
It says they terrorized the community for years.
Well, maybe if they had been treated as they should have been in the justice system...they would have been in jail and this young man would still be alive.
Thanks for calling attention to that essential detail, which is completely unmentioned in the article.
By claiming "accident" the defense may be contemplating trying to impeach her as a witness. Bold move.
Our kids and their friends did something similar; they tagged their boards with "Hammerheads" and surf as a group. Surfing is extremely territorial and there are not enough good waves to go around. I think where these guys got into trouble was getting drunk and believing their own hype.
“Word of friendly advice to you guys...don’t drop the soap!”
On the bright side maybe they can convince the warden to install a wave pool in the prison yard. COWABUNG-HOLE!
“I belong to the “Mustachioed Meanies.” We’re donut-munchin’, 50-somethings with love handles and concealed carry permits. Bedrock Birdie-Bandits? Never heard of ‘em. Who’s bad?! We’re bad!”
Now you boys don’t start no trouble or you’ll find yerselves getting the same treatment as the Crips or Bloods.
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