2 Who Fired No Shots Charged With Murder in Break-In Case : Crime: Prosecuting those who engage in criminal activity but did not pull a trigger is not uncommon, officials say.

Prosecutors filed murder charges Tuesday against a 14-year-old boy and a Costa Mesa man who were allegedly involved in the Thanksgiving night break-in of a retired police sergeant’s home, claiming that their actions forced him to open fire, killing a 16-year-old.

Deputy Dist. Atty. Douglas H. Woodsmall said prosecuting someone who did not fire a gun but who may have caused a slaying is not unusual. Prosecutors also filed additional charges against the Costa Mesa man, Phouxay Vanhnarath, 19, which will allow them to seek the death penalty.

Meanwhile, Anaheim police released a third man, Sayavong Nanthavongdouangsy, 18, of Anaheim, after authorities found insufficient evidence to place him at the scene of the North Hanover Street break-in, which occurred at 9:35 p.m.

Family members had told police that Nanthavongdouangsy was at home that night until after 10 p.m., when he reportedly received a telephone call from Vanhnarath, who said he had been shot and needed help.

“I have no idea why they put me in jail,” Nanthavongdouangsy said Tuesday, after being released from the Anaheim City Jail late Monday night. “I am happy to be home with my family. I cried for them, and they cried for me. I just want peace.”

But police say they still believe that a fourth suspect was inside Earl Swoap’s home when he fired at intruders with a 12-gauge shotgun. Anaheim Police Lt. Marc Hedgpeth said a search will continue for the suspect.

Police and prosecutors say Swoap acted in self-defense when he fired during the confrontation.

The 14-year-old Garden Grove boy, who was wounded by Swoap in the shooting, was released from the hospital Tuesday and remained in the custody of Orange County juvenile authorities. The boy, previously listed by police as 17 years old, was charged with burglary and murder in connection with the death of the 16-year-old, who remains unidentified.

Woodsmall said Vanhnarath, also wounded in the incident, was charged Tuesday with murder, burglary and special circumstances, which Woodsmall said allows prosecutors to seek the death penalty, a decision that will be made later.

Police said Vanhnarath was expected to be released today from Western Medical Center-Santa Ana, where the county has a jail ward.

Deputy Dist. Atty. Richard King said it was not unusual for prosecutors to seek murder convictions against the suspects, even though they did not fire the bullets that killed the teen-ager.

“It’s not a question of selling it to a jury,” King said. “The law is pretty clear. When you arm yourself to go into someone’s home . . . and if somebody gets killed, you are going to be responsible for that death.”

King said the legal theory is similar to the one used to gain murder convictions in May, 1989, against an Anaheim man. In that case, Vincent William Acosta led police on a high-speed chase, which included two police helicopters. The helicopters collided, killing two Costa Mesa police officers and a third man.

An appeal of that conviction is pending in the 4th District Court of Appeal. In oral arguments last month, some of the justices questioned how a driver on the ground could be held responsible for a collision in the air without firing shots at them.

In Swoap’s case, King said, the facts are different but the theory holds. He added:

“The home is viewed as a protected area. Many people have weapons to protect themselves from these kinds of intrusions.”

On Thanksgiving night, Swoap, 53, a Hughes Aircraft security guard who retired from the Yakima, Wash., police force 13 years ago, was startled by a loud crash. He told police he grabbed his shotgun and confronted the youths, who were armed with pistols, he said.

Swoap said he opened fire on the intruders as they tried to run out the back door. He fired a second series of shots outside as the youths were trying to escape in a car, blowing out the back window and two rear tires.

The 16-year-old was pronounced brain dead and removed from life-support at UCI Medical Center the following night.

Nanthavongdouangsy said he was arrested by police when he came to the aid of Vanhnarath, who he said had suffered a gunshot wound in the shoulder.

“He (Vanhnarath) called me at 10 p.m.,” Nanthavongdouangsy said. “I was watching a movie at home. He said he needed help; he said somebody shot him. I told my dad I was going to go check it out.”

Nanthavongdouangsy said he and Vanhnarath were arrested near Katella Avenue and Brookhurst Street while they were trying to call 911 for help.

“My family knows I didn’t do anything wrong,” he said

Donekeo Vanhnarath, Phouxay’s father, said Monday that his son told him that he and a group of 15 people were at a party and then went to Swoap’s home with someone who they thought was the owner of the property. He said his son told him that he never entered the house and was wounded when Swoap came out with a shotgun.