3 Must Stand Trial in Beating of Denny : Crime: A judge orders the suspects, after an eight-day preliminary hearing, to be tried on charges of attempted murder, mayhem and torture in the attack on the trucker.

A judge ruled Tuesday that three men accused in the beating of trucker Reginald O. Denny and others as the riots broke out April 29 should stand trial on charges of attempted murder, mayhem and torture.

Municipal Judge Larry Fidler also found there was sufficient evidence to show that Damian Williams, 19, Antoine Miller, 20, and Henry Watson, 28, were members of a street gang, which would lengthen possible jail sentences and delay their chances for parole for 15 years.

“There is sufficient evidence in the testimony and visual evidence to make these crimes come under the enhancement section,” Fidler said after an eight-day preliminary hearing that featured several videotapes of the Denny beating and others.

Fidler’s decision came after a prosecutor on Tuesday argued that Denny’s beating was malicious attempted murder.

But a defense lawyer insisted it was the result of a “tumultuous and confused” situation at a riot flash point.

“It is impossible to clearly discern or tell who was doing or saying what,” said attorney Dennis Palmieri, who argued that his client, Williams, should not be held for trial in the beating of Denny.

Prosecutors argued that the defendants are members of the violent 8-Tray Crips street gang. Defense attorneys denied that their clients are gang members or that the violence that erupted at the intersection after four police officers were acquitted of assaulting Rodney G. King was gang-inspired.

Palmieri argued that a key prosecution witness, Police Detective Art Daedelow, repeatedly failed to identify his client as a perpetrator of many of the attacks at the intersection.

Williams’ co-counsel, Aly Kamron, argued that prosecutors failed to “show that Mr. Williams did anything to benefit the gang or at the behest of the gang.”

That theme was reiterated by Watson’s attorney, Earl Broady, and Miller’s attorney, J. Patrick Maginnis.

“We have a sudden explosion (of violence). We have the bad verdict in the (Rodney) King case,” Broady said. “We have no evidence of reflection or premeditation or intent to kill” Denny, he said.

Deputy Dist. Atty. Frank Sundstedt, the first to argue, said the three men should feel lucky that Denny didn’t die of his beating because they would be facing trial for murder.

“These individuals here in court are at least as lucky as Reginald Denny is,” Sundstedt said, noting that if it wasn’t for a good Samaritan’s rescue of the trucker, “this would be first-degree felony murder.”

Sundstedt and Deputy Dist. Atty. Lawrence Morrison argued that Williams’ smashing a brick into Denny’s head in view of live TV after Denny’s beating shows his malice for the victim and intent to kill him.

Afterward, Sundstedt said, “You can see the exultation, the jumping for joy (by Williams). He jumps in the air with both arms up and signals as one would signal a touchdown.”

The prosecution maintained that Williams was flashing gang signs as he danced away from Denny’s battered body.

Palmieri called the motions meaningless gestures and said the prosecution had not proved gang affiliation of the defendants nor an intent to kill Denny.

He compared the two-fingered sign by Williams to the victory sign made by political candidates and said that does not convict someone.

“If it does, we are going to create in this nation such an aura of fear that people are going to walk around like totem poles afraid to move or blink,” he said.

As for the claim that attacks were planned, Palmieri said, “The evidence does not show anything but an entirely indiscriminate act. It was utter and complete chaos. The situation was an explosion of anger. There was no planning.”

During seven days of testimony, Fidler viewed videotapes of Denny and 10 other riot victims being assaulted at the intersection and heard a 35-minute audiotape of Williams admitting he threw a rock at Denny’s head.

Prosecutors said the tapes show him as the leader of the pack, clearly pointing out to others those motorists who should be attacked at the intersection.