Pleas delayed in beach slaying as D.A. weighs death penalty

<p>A Sonoma County Superior Court judge Wednesday "gently encouraged" prosecutors to decide whether they will seek the death penalty against five suspected gang members accused of killing a witness to prevent his testimony.</p><p>In a hearing before Judge Ken Gnoss, attorneys for Quentin Russell, 24; Preston Khaoone, 22; Tyrone Tay, 26; and brothers David Prak, 19, and Sarith Prak, 21, continued to press for an answer from prosecutor Traci Carrillo if her office is going to pursue capital punishment.</p><p>The men are charged with murder, being members of a street gang and six enhancements, including three gun allegations. Two of the enhancements are special circumstances that could trigger life without parole prison sentences or the death penalty.</p><p>Investigators say Tay was with Vutha Au, 24, of Santa Rosa, before the other four men drove Au to a beach parking lot near Goat Rock on March 2. There, investigators say, one of the four shot Au nine times, killing him.</p><p>Prosecutors allege that Au was killed to prevent his testimony in a kidnapping and extortion case in which his brother, Terry, 22, was the victim. It was set for trial in May.</p><p>Members of the Au family were supposed to have been under the protection of the county's Witness Relocation and Protection Program. But authorities said Vutha Au violated the agreement by returning to Santa Rosa during the legal proceedings.</p><p>On Wednesday, all five defendants again delayed entering pleas to the charges until prosecutors provide their attorneys with more details of the evidence against them.</p><p>Until they have more information, defense attorneys told Gnoss they cannot effectively represent their clients.</p><p>"I am not comfortable entering a plea until such time I have received the overwhelming majority of (investigative reports)," said Martin Woods, who represents Russell.</p><p>Faced with a slow-down from all five defense attorneys, Gnoss prodded Carrillo for a timeline.</p><p>Death penalty cases spark a unique -- and costly -- set of legal requirements, including the appointment of a separate Superior Court judge for each defendant who can approve expenditures for first- and second-chair attorneys, investigators, experts and other expenses necessary to put on an adequate defense.</p><p>"That's why I'm gently encouraging the D.A. to make a decision as soon as possible," Gnoss said.</p><p>Judging from the bail reports on the defendants, Gnoss said it appears prosecutors will be making the decision based more on the circumstances of the offense rather than their backgrounds, since none have serious criminal histories.</p><p>Carrillo told Gnoss that members of the District Attorney's Office management team are still discussing the decision and she had no timeframe for when a decision would be made.</p><p>"There's no legal timeline the district attorney has to make the decision," she said. "So we'll just proceed."</p><p>Christine Dubois, Khaoone's attorney, said she has sent a letter to District Attorney Stephan Passalacqua asking for a meeting between him and defense attorneys that may help accelerate the process. She said she hasn't yet received a response.</p><p>"I hear her (Carrillo) saying it's a management decision rather than hers," she said. "Why not invite management in?"</p><p>Gnoss set further hearing dates for April 9 and April 16 to discuss the death penalty decision, additional evidence prosecutors are required to turn over to defense attorneys and defense attorney qualifications.</p><p>Also Wednesday, Gnoss ruled that all five young men remain in Sonoma County Jail without bail.</p><p>Contact staff writer Lori A. Carter at 568-5312 and lori.carter@pressdemocrat.com.</p>