Jury Convicts Ip of Manslaughter in Slaying of Youth

A jury rejected a murder charge Wednesday against Roger Sing Ip and instead convicted him of involuntary manslaughter--the lowest possible homicide charge--in the shooting death of a 15-year-old boy whom Ip shot after a near-collision in Pacific Beach.

Ip could be sentenced to a maximum of four years in prison. The verdict, which came after Ip’s second trial on charges arising from the much-debated shooting, is the latest development in one of the most high-profile and emotional homicide cases in San Diego.

Prosecutors had argued that Ip intentionally murdered the victim July 10, 1989, but defense attorneys characterized the shooting as a tragic accident.

Ip testified that he turned his vehicle around and pursued the car carrying the victim and two friends after the near-smashup, but he contended that he never intended to fire the single shot that mortally wounded Kurt Von Yokes, who had just completed his freshman year at Mission Bay High School and was working in a surf shop.

Ip said the youths insulted him after the traffic mishap, prompting him to follow the youths’ car--a decision that led to the fatal confrontation.

Ip, 35, a former restaurateur from Spring Valley, at first showed no reaction Wednesday as he heard the jury acquit him of second-degree murder and voluntary manslaughter--the two most serious allegations that he faced. Then, after learning of the involuntary manslaughter conviction, Ip hung his head and wiped his eyes.

Sentencing is set for March 20 before San Diego Superior Court Judge Herbert Exarhos. Ip has already served almost 19 months in custody, time that would presumably count towards his sentence.

The jury deadlocked Wednesday on a gun-related “enhancement” accusation that could add two years to the sentence.

“The family is devastated,” John S. Moot, the attorney representing the victim’s parents, Robert and John Yokes, said after the verdict.

The victim’s parents, alleging that Ip was negligent, have filed a civil wrongful-death claim against Ip and the China Inn restaurant, the Pacific Beach eatery that Ip formerly co-owned. “The family feels that sympathy has been extended to Mr. Ip for his plight but not extended to them for the terrible act of violence done to their son,” said Moot, adding that relatives had decided to withhold public comment.

Ip’s attorney, Michael Popkins, thanked the jury on behalf of Ip and himself and extended his sympathy to the relatives of the dead boy. “My heart goes out to the Yokes family,” said Popkins.

Deputy Dist. Atty. Gregg McClain, who had urged a conviction for second-degree murder, left quickly after the verdict was unveiled and could not be reached for comment.

Ip was acquitted of first-degree murder in his first trial, which ended on on July 26, but a mistrial was declared on lesser homicide charges when the jury could not reach a verdict. That deadlock resulted in the just-concluded retrial, which began Feb. 5. Ip testified at both trials.

The defense asked Judge Exarhos to schedule a bail review for Ip for Friday. Ip has been in custody at County Jail since he surrendered at the courthouse July 27, 1989, after fleeing the area following the shooting.

The incident occurred after Ip left work at midnight from his job at the Pacific Beach restaurant. He said he carried the night’s restaurant receipts inside the vehicle and consequently had a handgun to protect himself.

En route, testimony showed that Ip’s Isuzu Trooper almost collided with a car carrying Yokes and two friends. After the near-accident, according to Ip’s testimony, two of the occupants--not Yokes--directed obscene gestures and disparaging comments at Ip, who is an immigrant from Hong Kong. Ip testified that the motorists yelled racial slurs.

Subsequently, Ip testified, he made a U-turn and followed the car to a Pacific Beach neighborhood. He said he wanted to talk to the youths of the disrespect they had shown him. But Ip said he was frightened when one passenger--Michael Endsley, who was 6-foot-5 and weighed 240 pounds--stepped out of the car.

According to Ip, his vehicle lurched forward as he attempted to put it into gear, inadvertently causing the gun to discharge once. The bullet hit Yokes, who had gotten out of the car and was standing nearby. The projectile entered the right side of Yokes’ chest, piercing his heart, both lungs and liver, before exiting through the left side of his chest, testimony showed.

Ip drove away after the shooting. He testified that he did not know until 24 hours later that someone had been hurt. He turned himself in 17 days later.

The prosecutor, McClain, had argued that the case was about Ip “getting even with three teen-agers” for the traffic remarks and that “he intentionally killed Kurt Yokes.”

Popkins asked for an outright acquittal, saying the shooting was “an accident.”

The jury’s deliberations lasted almost three days. The jurors were unable to decide on a gun enhancement charge alleging that Ip personally used the gun during the crime. The enhancement can add two years to the sentence.

Jury foreman Michael Mullin told Exarhos that the jury was deadlocked 10 to 2 in favor of a finding that Ip personally used the gun, but that further discussions to resolve the count were hopeless.

Exarhos declared a mistrial on the unresolved gun enhancement. Attorneys are expected to discuss Friday whether a third trial will be held on the gun issue.