By Donald H. Harrison
SAN DIEGO — Alleged gunman John T. Earnest, 19, pleaded not guilty in Superior Court on Tuesday, April 30, to one charge of murder, and three charges of attempted murder stemming from the April 27 shooting at Chabad of Poway. He also pleaded not guilty to one charge of attempted arson on March 24 at the Escondido Islamic Center, also known as the Dar-ul-Arqam Mosque.
During the 15-minute arraignment, Superior Court Judge Joseph P. Brannigan accepted Deputy District Attorney Leonard Trinh’s recommendation that bail be denied on the grounds that a charge of murdering someone on the basis of the victim’s religion is a “special circumstance,” for which California’s legal code precludes bail. Earnest was represented at the arraignment by Deputy Public Defender John O’Connell.
Earnest said only one word during the arraignment, which was “Yes,” after Judge Brannigan asked if he was waiving his right to have an earlier hearing than a scheduled “readiness” conference May 30, and a preliminary hearing on July 8. The readiness hearing, at which attorneys for the prosecution and the defense will tell the judge whether they are ready to proceed to a preliminary hearing, will be held in Department 102, to which Superior Court Judge Michael T. Smyth now is assigned. If the attorneys are ready to proceed, the preliminary hearing will be held July 8. However, in a case of this magnitude, it would not be unusual for attorneys to request a continuance, according to a courthouse source.
Earnest was charged with murdering Lori Kaye, 60, whose packed funeral service was conducted on Monday. He was charged with attempted murder in the shootings of Chabad Rabbi Yisroel Goldstein, who had a finger shot off; visiting Israeli citizen Almog Peretz, who was wounded in the leg; and Peretz’s 8-year-old niece, Noya Dahan, shot in the leg and the face. Noya resides with her family in San Diego County.
Additionally, Earnest was charged with attempting with gasoline to burn down the Escondido Islamic Center almost a month before. The fire was quickly put out, causing relatively little damage.
District Attorney Summer Stephan held a news conference immediately following the arraignment, at which she announced that Trinh and David Grapilon, assistant chief of the DA’s Special Operations Division, would serve as prosecutors throughout the case. O’Connell told San Diego Jewish World he anticipated serving as the public defender for the duration.
It was disclosed that surveillance video at Chabad of Poway shows some of the sequence of events there. Stephan said that Earnest had fired between 8 and 10 rounds before something interfered with his shooting—perhaps his semi-automatic (AR-15) rifle jammed; or perhaps he had difficulty extracting a magazine. She said that he had worn a utility belt that bore five 10-round magazines. After he was arrested, and a warrant received to search his car, law enforcement officials found 50 unused bullets, according to the district attorney.
She said ballistics experts are examining the weapon in an attempt to determine exactly what had happened. She said Sheriff Bill Gore has concluded that the weapon was purchased legally, but she said the matter is still under investigation by her office. Stephan also said that Earnest had no prior criminal record.
The district attorney said her office has not yet made a decision on whether to seek for Earnest the death penalty or life imprisonment without the possibility for parole – the two options for a charge of murder with special circumstances. In addition to the penalty for murder, Earnest faces the possibility of 95 years to life imprisonment for the three attempted murders, and 7 years imprisonment for the arson at the mosque.
“This sort of hate and hateful crimes will not be tolerated,” she declared.
The district attorney said there was no evidence that Earnest had conspired with anyone else to commit the crime. She added that there is “only one villain in this case, and many heroes” – including Lori Kaye, who apparently interposed herself between the shooter and the rabbi, and two members of the congregation who ran after the shooter in an attempt to stop him. Stephan made a point not to mention Earnest by name, referring to him with such descriptions as the “suspect’ and “defendant.”
In addition to the state crimes with which Earnest is charged, there is the possibility that the federal government also could bring charges of violating the civil rights of the people who were victimized in the attack. If so, she said, the two cases could proceed separately.
Earnest’s family had expressed surprise and dismay over his actions, saying in a press release issued by attorney Earl Pott that the shooting ran counter to their family’s values which, “rejected hate and taught that love must be the motive for everything we do. How our son was attracted to such darkness is a terrifying mystery to us.”
While making it clear she was not commenting directly on this assertion, Stephan said it is not unusual for people who become obsessed with hate to drink it in from the Internet, in their room, without other members of the family knowing what is going on.
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Harrison is editor of San Diego Jewish World. He may be contacted via donald.harrison@sdjewishworld.com