Man Convicted in 2nd Deputy Shooting

A jury Monday convicted Mark Raymond Phelps of a second charge of attempted murder, this time with premeditation, in the Aug. 2 shooting of sheriff’s Deputy Alfred MacKrille.

As members of the San Diego Superior Court jury were filing out, Phelps shouted at them, “I hope the police open fire on you someday, every one of you!”

“All right, Mr. Phelps, that’s enough,” Judge William Mudd responded.

On Thursday, the same jury convicted Phelps, 28, of Vista, of attempted murder, without premeditation, in the shooting of James Bennetts, who was wounded during a spray of machine-gun fire on his patrol car July 31, 1987, on a Vista street.

Deputy Dist. Atty. Bill Collins said Phelps faces a sentence of seven years to life in prison. The attempted murder charge with premeditation carries a life term, and Phelps could receive a consecutive sentence for the Bennetts shooting.

“He’ll be an old man when he gets out,” Phelps’ attorney John Emerson said.

Gag Order Lifted

Mudd set sentencing for April 14 in Vista Superior Court and lifted a gag order he imposed on the attorneys the second day of Phelps’ trial, which began a month ago.

When asked about Phelps’ outburst in court, Emerson said it was the result of frustration.

“I’m not surprised. What did you expect him to say? He believed that police fired first in both instances.”

Jurors refused to talk with reporters afterward.

“The jury believed Mr. Phelps fired first,” Collins said. “It doesn’t seem like any likelihood that the deputy fired first.

“The second (shooting) was clearly premeditated. He had plenty of ammunition.”

The trial date of March 29 in Phelps’ federal methamphetamine case was delayed Monday until May 10 by U.S. District Judge Earl Gilliam. Phelps is charged with conspiracy to manufacture methamphetamine and unlawfully transferring a machine gun.

His attorney in that case, Terry Kolkey, requested the delay, citing his busy calendar. Phelps’ co-defendant in that case, Raymond Mike Turnipseed, 31, of Carlsbad, was sentenced by Gilliam on Monday to five years in federal prison.