Suspects delay pleas in beach shooting

<p>Prosecutors have turned over more than 500 pages of evidence to attorneys representing five men accused of killing a man who had been in the witness protection program.</p><p>But they still are considering whether to seek the death penalty, Deputy District Attorney Traci Carrillo said in court.</p><p>She said background investigations are in progress on the five defendants, who appeared in court Wednesday with their wrists shackled at the waist for security reasons.</p><p>After the reports are done, she said, a committee of prosecutors will determine whether to pursue capital punishment.</p><p>Meanwhile, Quentin Russell, 24, Preston Khaoone, 22, Tyrone Tay, 26, and brothers David, 19, and Sarith Prak, 21, are being held without bail at Sonoma County Jail.</p><p>Detectives say Tay was with Vutha Au, 24, of Santa Rosa before the other four 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 Au was killed to prevent his testimony in a kidnapping and extortion case in which his brother, Terry, 22, was beaten and burned. Terry Au acknowledged having sold drugs for at least two Khaoone brothers before the incident.</p><p>A state park ranger en route to an unrelated call saw the young men driving out of a beach parking lot at about 1 a.m. and spotted Au’s body. The ranger contacted dispatchers and their car was stopped by Sonoma County sheriff’s deputies a few minutes later. </p><p>The five defendants are charged with murder, being gang members 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>Members of the Au family were being sheltered under the Witness Relocation and Protection Program. Authorities said Vutha Au violated the agreement by returning to Santa Rosa occasionally.</p><p>On Wednesday, the five defendants again delayed entering pleas to the charges.</p><p>Their attorneys have said they’ve been prevented from doing an adequate defense investigation because prosecutors have blacked out identifying information, including names and addresses, in the 563 pages of police reports that have been turned over.</p><p>Judge Ken Gnoss set a hearing for May 7, at which time he will hear arguments about editing the reports, potentially behind closed doors.</p><p>You can reach Staff Writer Lori A. Carter at 568-5312 or lori.carter@pressdemocrat.com.</p>