Suspect Gives His Version of Attack on Wayne and Luby : Says Mastermind Not Named

One of the men accused of beating John Wayne’s daughter and her boyfriend testified Tuesday that he was hired by a private investigator who told him that a doctor client involved in a child-custody battle wanted to “teach his wife a lesson.”

Jeffrey Kendall Bouey, 35, said the investigator never mentioned by name Aissa Wayne’s ex-husband, Pomona surgeon Thomas A. Gionis, who is charged with masterminding the Oct. 3 attack against Wayne, 32, and Roger W. Luby, 53, at Luby’s Newport Beach estate. Gionis has denied the charge.

But Bouey said that the investigator showed him and an accomplice photos of Wayne and Luby, described the client’s car as a black stretch limousine and provided them with a floor plan of Wayne’s Corona del Mar home, where the attack was originally intended to take place.

Gionis, 35, has a black stretch limousine and visited the homes of both Wayne and Luby to pick up the daughter of his failed marriage to Wayne, according to testimony in his preliminary hearing this week at Harbor Municipal Court.

The couple were in a custody battle over 2-year-old Anastasia when the incident occurred. Gionis was awarded custody of the child in February, but Wayne won temporary custody last week pending the outcome of the criminal proceedings against Gionis, who is being held in Orange County Jail without bail.

Bouey, being held on $1-million bail on charges of assault with a deadly weapon in the attack, testified at the hearing that he did not know the identity of the two victims until 2 days afterward when the investigator, O. Daniel Gal of Beverly Hills, mentioned that the woman was the daughter of the late actor John Wayne.

“The only thing I had to say was ‘Oh (expletive),” Bouey said from the witness stand.

Grilled by Bailey

During 5 hours on the stand Tuesday--much of it under grueling cross-examination by Gionis’ lead attorney, F. Lee Bailey--Bouey portrayed himself as a reticent participant in the crime while casting blame for all the violence that took place on his partner and longtime friend, Jerrel L. Hintergardt, 37, an unemployed apartment manager from Burbank.

Hintergardt, described in police reports as a neo-Nazi, is also being held in Orange County Jail with his bail set at $1 million. Like Bouey, he is charged with assault with a deadly weapon. Gal, 32, was arrested last week in Switzerland by international police agents and is being extradited to Newport Beach to face conspiracy charges in the attack.

At one point, Bouey broke into tears after being asked why he was offering testimony for the prosecution when prosecutors said he was being offered no leniency.

“I’m a father and have two children myself,” said Bouey, who has a wife and two infant sons. “And the prospects of seeing my boys once a week (while in jail) gave me great insight as to what Aissa is going through.”

Called a ‘Paid Thug’

Bailey scoffed at the display of emotion, contemptuously referring to Bouey as a “paid thug” who was lying to try to help his own case. Bailey also cited several apparent discrepancies between Bouey’s testimony Tuesday and an earlier statement he gave to Newport Beach police, in which Bouey allegedly said that the attack was intended for Luby--not Wayne. Bouey said Tuesday that he did not recall making such a statement, and stood by his testimony that the attack was aimed at Wayne.

Bouey said that Hintergardt called him in September and asked if he was interested in participating in an unspecified “job.” Needing money, Bouey, a former accountant, said that he was. Bouey said Gal paid him $2,000 and Hintergardt $3,500 after the job was done.

During an “organization meeting” at Gal’s apartment in Beverly Hills, Bouey alleged that Gal told him, Hintergardt and an unidentified third man “from Las Vegas” that he had a client involved in a child-custody case and that “the man wants to teach his wife a lesson.”

Bouey and the man from Las Vegas were to “secure the premises,” holding down anyone other than the wife who might be present, while Hintergardt was to “deliver the message,” he testified. Bouey said he was not informed of the message’s contents and denied knowing that any violence was planned. Hintergardt was instructed in the meeting only to tie up the victims, Bouey said.

Planned for Wayne Home

Gal told the men that the job was to be done after “the child” was picked up, Bouey said. Gionis picked up his daughter from Wayne at about 10 a.m. on the day of the attack, court records indicate.

The attack was to take place at Aissa Wayne’s home, but the three men staked out the residence on two separate occasions without finding Wayne at home, Bouey testified. They became so frustrated over Wayne not being at home, Bouey said, that the man from Las Vegas returned there and Hintergardt scolded Gal for not keeping better tabs on Wayne.

It was finally agreed, Bouey said, that Gal would stake out Wayne the following Monday and “stay with her” until Bouey and Hintergardt could arrive.

“He (Gal) was to call Jerry, and he (Hintergardt) was to call me,” Bouey alleged.

Bouey said he got his call from Hintergardt at about 5 a.m. on Oct. 3. He and Hintergardt then drove to Luby’s estate in Newport Beach, where Gal told them that Wayne had spent the night, Bouey continued.

While the men waited, Bouey said that Gal sat in his car talking on his mobile telephone. When he completed the call, Bouey said that Gal told him and Hintergardt, “The client is really pissed off that this hasn’t happened yet, and that it has to happen now because the client’s case is coming up.”

Gionis and Wayne had a Nov. 30 trial date for their custody dispute in Orange County Superior Court.

Followed Pair to Club

Gal left the neighborhood at about 10:15 a.m. and the two men followed Wayne and Luby to a health club workout, Bouey said. When the couple drove home about an hour later, Bouey said he and Hintergardt walked in while the electric gate was open and confronted them in the garage. He said that Luby laughed, even after the two men produced pistols, until Hintergardt struck him over the head with his gun.

Bouey said he knocked Wayne off balance, “dropped her to the floor,” and stood watch while Hintergardt spent time on the other side of the car with Luby, whom Bouey said he could not see.

“I heard Roger moan, and I heard a thud,” Bouey said.

When Hintergardt came around to Wayne’s side of the car, Bouey said he shifted to where Luby was lying, hands and feet cuffed. Bouey said he watched for anyone coming up the drive and then left Hintergardt alone to pull up the getaway car. In the car afterwards, Bouey said Hintergardt was holding a 4 1/2-inch pocket knife and discussing the attack.

“Those things are hard to cut through,” Bouey quoted Hintergardt as saying in reference to having slashed at Luby’s Achilles’ tendons. The right tendon was slashed nearly a third of the way through, a doctor testified, while the left was protected by a tennis shoe.

Gal, waiting in his car a quarter of a mile away, led the getaway car back to his Century City office, where Bouey said the men were paid in a parking lot restroom.

The hearing continues today.