Lawyer Says Slain Driver Threatened Defendant’s Daughter With Knife

A defense attorney said Tuesday that Marco Sanchez was threatening Andrea Barton with a knife when he was fatally shot inside his car by the woman’s father, Howard F. Barton Jr., last February.

The comment by attorney Clyde Munsell came as a surprise in the first day of Howard Barton’s preliminary hearing on a murder charge, which is being heard by San Diego Municipal Judge Rafael A. Arreola. A police report of the Feb. 22 incident, based on witness interviews, does not mention such a threat against Andrea Barton, 20.

Instead, the elder Barton told police that Sanchez, 24, of National City, allegedly threatened him with a knife as Barton stood outside Sanchez’s car and spoke to him. In March, Munsell said in an interview with The Times that Barton shot Sanchez once in self-defense when Sanchez threatened him with a knife.

On Tuesday, Munsell made another surprising disclosure when he suggested that Barton almost shot his own daughter when he shot Sanchez. According to Munsell, Alicia Barton was “in the line of fire” when Barton, a La Jolla real estate agent, fired his gun. Barton had a permit from the San Diego County Sheriff’s Department to carry a concealed weapon.

The incident leading to Sanchez’s death began when he exchanged words with Andrea Barton during a minor traffic altercation in Pacific Beach.

According to a police report, her car stalled in traffic at Grand Avenue and Ingraham Street. Barton and Sanchez argued briefly before she drove to her father’s real estate office on Cass Avenue.

Father and daughter then went looking for Sanchez and found him shopping in a store in the 1000 block of Garnet Avenue. Howard Barton confronted Sanchez and the two men began arguing. The argument continued after Sanchez entered his car.

Barton said Sanchez threatened him with a knife from inside the car. Barton pulled out a handgun and fired one shot at Sanchez, hitting him in the back.

The preliminary hearing, which is expected to last three days, quickly became bogged down Tuesday when Munsell attempted to discredit the first prosecution witness, Alicia Pfingst. Pfingst, a district attorney employee who specializes in preparing trial exhibits, supervised a video re-enactment of the shooting based on reports by witnesses David Egley and Michael Natkemper

It was while questioning Pfingst that Munsell alleged that Sanchez also threatened Andrea Barton with a knife and that she was almost shot by her father.

Deputy Dist. Atty. Lisa Chappell wants to use the video as evidence and put Pfingst on the stand to explain how the video was made and to justify its introduction into evidence. Munsell objected to the video on grounds the defense was not allowed to participate in or observe the making of the video, which was filmed at the crime scene.

Munsell, who has seen the video, said it fails to show Sanchez threatening Alicia Barton with a knife. He complained that it also fails to show her in the line of fire.

Pfingst testified that the video “accurately represents what each witness saw.” She said Egley and Natkemper were present during the filming of the video and “directed” the movement of the law enforcement personnel who acted out the parts of Sanchez and the Bartons.

Arreola will hear testimony today from a district attorney cameraman who shot the video, before ruling whether the tape can be used as evidence. However, the judge also said he might decide not to view the tape if he is satisfied with the witnesses’ oral testimony.

Tuesday’s hearing was also highlighted by complex and often rambling questions, asked by Munsell of Pfingst. On two occasions both the witness and Arreola complained that they did not understand Munsell’s questions.

On two other occasions, Munsell asked Arreola to tell Pfingst to provide him with copies of reports she submitted to the prosecution. Prosecutor Chappell responded to each request with a reminder that Munsell had received a copy of the report and proceeded to give him the catalogue number for the document.

The hearing began with an in-chambers conference involving Munsell, Chappell and Arreola. When the trio returned to the courtroom, Arreola said he had denied a motion by Munsell to delay the hearing.

Munsell then tried unsuccessfully to bar news photographers from covering the hearing. He argued that camera coverage could jeopardize Barton’s right to a fair trial by influencing witnesses to lie in their testimony.

“Through no fault of his (Barton) own he has achieved substantial media coverage. . . . I see no reason to afford undue press coverage,” Munsell said.

Chappell and an attorney representing Sanchez’s family argued against excluding the cameras.

“We don’t feel that any of our witnesses will be compelled to lie simply because cameras are here,” Chappell said.

Arreola denied Munsell’s motion to exclude the cameras, ruling that he failed to show conclusively that camera coverage would harm Barton’s right to a fair trial.

Munsell also raised the ire of some Sanchez family members when he announced he planned to call Sanchez’s widow, Gloria, to testify as a witness for the defense. He also asked Arreola to exclude Sanchez from the courtroom while the other witnesses testified.

An attorney representing Gloria argued that she was not at the scene when her husband was shot and was not a material witness in the case. She also asked Arreola not to exclude her from the courtroom during witnesses’ testimony.

Arreola ruled that Sanchez could remain in the courtroom during such testimony, and apparently the woman will be allowed to be called as a witness by Munsell. It is not clear what her testimony will be.

Munsell said he will call about 40 defense witnesses, an unusually large number for a preliminary hearing. Chappell said she will call seven witnesses.