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Man Cites Fear of Death Penalty, Changes Plea to Guilty in Killing

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From a Times Staff Writer

A man charged with murdering an El Cajon liquor store owner changed his plea Thursday to guilty--because of the execution of Robert Alton Harris.

Hai Van Nguyen, 19, of Garden Grove pleaded guilty in Superior Court to all of the charges against him--first-degree murder, attempted murder and robbery--as part of an agreement in which the prosecutor will not seek the death penalty against him.

Nguyen’s defense attorney, Michael Popkins, said the execution of Harris on Tuesday made his client more fearful that he could face death as a result of his crimes, leading him to change his plea.

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He is charged with the Aug. 18, 1991, fatal shooting of Iraqi-born Thamir (Tom) Mikhael, 31, owner of The Deliquery Market in El Cajon, and the wounding of Mikhael’s nephew, David Wartan, 18, an employee.

Popkins said the evidence against his client was strong. “This was the best we could do even if we went to trial with the not guilty plea,” he said.

In return for the change of plea, prosecutors are seeking a sentence of life without the possibility of parole.

Wartan testified at a preliminary hearing last November that Nguyen shot him in the chest and fired three shots at Mikhael, fatally wounding him.

Nguyen will be sentenced June 29 in Superior Court.

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