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Can’t Recall Rest-Stop Shooting, Defendant Says

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TIMES STAFF WRITER

Eric Hazelgrove, charged with the attempted murder of a food vendor at a rest stop on Interstate 5, told jurors Wednesday he has no recollection of the shooting.

The 30-year-old defendant took the stand in the second day of his trial in Vista Superior Court on charges that he shot Lee Harrell at the Aliso Creek. Harrell, 56, was struck by five bullets from a .22-caliber Smith & Wesson handgun.

Barbara McDonald, Hazelgrove’s court-appointed attorney, described him as “a very unusual person” who at times gives very reasoned and direct answers to queries. But, the public defender said, “I never know exactly what he is going to say.”

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McDonald said that Hazelgrove thinks that the testimony linking him with the shooting “is a conspiracy against him. He thinks they--his friends--are clearly setting him up.”

During his testimony Wednesday, Hazelgrove denied any knowledge of the shooting or the wild escape attempt before being captured in sSan Juan Capistrano.

Hazelgrove also testified about the impact of the 1985 Sagon Penn incident in San Diego. Penn, who is black, was accused of killing one policeman and wounding another and a civilian ride-along. Penn, who has since changed his name to Meecee Parks, said he shot the officers in self-defense in the course of what he described as a racially motivated attack by the police.

He was acquitted of all major charges after two trials.

McDonald said she felt the Penn incident was “a traumatic one” for Hazelgrove, a white, but was unsure whether he was shocked by Penn’s or the officers’ actions.

Deputy Dist. Atty. Greg Walden said the motive for Hazelgrove’s attack on Harrell, a black, was racial prejudice.

During the opening day of testimony Tuesday, several witnesses, including Hazelgrove’s former girlfriend, Kerry Wagner, testified about the shooting.

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All told of seeing Hazelgrove fire his pistol at Harrell then casually walking back to his truck and driving away.

Hazelgrove will resume his testimony today as Walden continues to cross-examine him about his past and events leading up to the shooting.

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