2 Teen-Age Burglary Suspects Won’t Face Murder Charge

Two teen-agers will not be tried for murder in connection with the death of a friend who was shot by an Anaheim homeowner during an alleged burglary attempt, prosecutors said Saturday.

Earlier, prosecutors had said they would ask for the death penalty against the youths, Phouxay Vanharath, 19, of Costa Mesa, and a 14-year-old Garden Grove boy, who were charged in the death under the felony murder rule. The law allows suspects to also be charged with murder whenever someone is killed during the commission of certain felonies.

But Deputy Dist. Atty. Brent Romney said Saturday that prosecutors decided to drop murder charges against the teen-agers in connection with the death of their friend, Pham Minh Huynh, 16, of Santa Ana. Huynh was killed on Thanksgiving when homeowner Earl Swoap, 53, fired several shotgun blasts upon discovering intruders in his home.

Prosecutors would not elaborate on what information led to their decision because burglary and robbery charges are still pending against the youths.

Vanharath pleaded innocent earlier this week to burglary and robbery charges in Municipal Court in Fullerton. He and the 14-year-old, who was not identified because of his age, face a maximum prison term of 11 years if convicted. Swoap was not charged in the case because prosecutors determined he had acted in self-defense.