A jailhouse informant testified Thursday that one of six defendants in a witness-killing near Jenner Beach incriminated himself and four of the others in significant aspects of the crime during conversations while in the Sonoma County Jail.
Preston Khaoone, 23, Quentin Russell, 25, Tyrone Tay, 27, Boonlack Chanpheng, 27, and brothers David, 20, and Sarith Prak, 22, are charged with murder in the shooting of Vutha Au, 24, at a Blind Beach parking lot near Jenner in March 2008.
Because they are charged with killing him to prevent his testimony in a case in which two of Khaoone?s brothers are charged with assaulting Au?s brother, the men could face capital punishment if convicted. Prosecutors haven?t said whether they will pursue a death sentence.
Witness 8, as he is being called during the preliminary hearing, said Khaoone told him that a witness against his brother was troublesome.
?He told me there was a witness that was supposed to testify against his brothers in a case. And he told me he was setting up the witness,? the man said.
The man, a 23-year-old convict who could have faced a potential 15-year sentence in an armed robbery, is testifying under a plea bargain with prosecutors. The agreement has been sealed from the public.
He, like the other seven numbered witnesses who have testified in the case, are known to the defendants through family relations or other associations. But prosecutors say their lives could be in jeopardy if their names appear on any written materials, so their identities have been secret in court.
Witness 8, who said Thursday he was a drug dealer for Khaoone, said his former ?business? associate began telling him details of the case last year.
?He said that he had the witness set up by going to a party,? he said. ?He or his homies had the witness set up to go to the party.?
He said Khaoone told him an ?older homie? was going to call when Au got to the party. Once there, three other men and Khaoone ?snatched? him.
?They got out the car,? he said
(cq)
, ?and got the witness. When the witness tried to make a struggle .
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. the witness was forcefully put in the car." Witness 8 said the other men in the car were two brothers, presumably the Praks, and Russell.Khaoone told him that he told ?the brothers? to blindfold Au and stuff socks in his mouth as they drove to the coast.Au was found face-down with his arms underneath him, clothed in all black but without shoes and socks, which were nearby, a deputy testified earlier. A shirt was balled up around his neck.Appearing nervous and speaking haltingly at times, the witness testified that Khaoone confided in him who fired the shots that killed Au.Khaoone said he?d retrieved a 9mm handgun from under the driver?s seat and told Russell to kill Au.?He said that Quentin came back to the car .
Witness 8 said the other men in the car were two brothers, presumably the Praks, and Russell.
Khaoone told him that he told ?the brothers? to blindfold Au and stuff socks in his mouth as they drove to the coast.
Au was found face-down with his arms underneath him, clothed in all black but without shoes and socks, which were nearby, a deputy testified earlier. A shirt was balled up around his neck.
Appearing nervous and speaking haltingly at times, the witness testified that Khaoone confided in him who fired the shots that killed Au.
Khaoone said he?d retrieved a 9mm handgun from under the driver?s seat and told Russell to kill Au.
?He said that Quentin came back to the car .
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. acting like he didn?t want to do that? Witness 8 said. ?He told Quentin to stop acting like a bitch and handle that. That?s when Quentin executed the witness. Quentin emptied out the whole clip.? He said ?execute? was his word, not Khaoone?s, ?But I don?t feel comfortable saying killed.?Police found 18 shell casings at the scene. Au was shot nine times.The four men were arrested shortly after the killing on Highway 116 after a park ranger spotted Au?s body and alerted sheriff?s deputies to a car he saw leaving the parking area.The witness said that Khaoone acted nervous in jail when a fifth defendant was arrested.Investigators believe Tay was with Au before he was killed and that Chanpheng helped plan the slaying. Tay was arrested about a week later and Chanpheng several months later.In cross-examination, defense attorneys tried to show flaws in Witness 8?s ability to recall details and his potential bias to lie on the stand.Prosecutors allege Au was murdered so he couldn?t testify on behalf of his brother, 22-year-old Terry Au, who was allegedly kidnapped and beaten by a group of drug-dealing gangsters that included two of Khaoone?s brothers. That trial is pending. Terry Au was selling drugs for a fourth Khaoone brother, who is in prison.Judge Ken Gnoss will hear additional testimony from Witness 8 on Tuesday. The preliminary hearing could last several more days.
He said ?execute? was his word, not Khaoone?s, ?But I don?t feel comfortable saying killed.?
Police found 18 shell casings at the scene. Au was shot nine times.
The four men were arrested shortly after the killing on Highway 116 after a park ranger spotted Au?s body and alerted sheriff?s deputies to a car he saw leaving the parking area.
The witness said that Khaoone acted nervous in jail when a fifth defendant was arrested.
Investigators believe Tay was with Au before he was killed and that Chanpheng helped plan the slaying. Tay was arrested about a week later and Chanpheng several months later.
In cross-examination, defense attorneys tried to show flaws in Witness 8?s ability to recall details and his potential bias to lie on the stand.
Prosecutors allege Au was murdered so he couldn?t testify on behalf of his brother, 22-year-old Terry Au, who was allegedly kidnapped and beaten by a group of drug-dealing gangsters that included two of Khaoone?s brothers. That trial is pending. Terry Au was selling drugs for a fourth Khaoone brother, who is in prison.
Judge Ken Gnoss will hear additional testimony from Witness 8 on Tuesday. The preliminary hearing could last several more days.
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