Legal Clash Delays Case Against George

The San Diego Municipal Court arraignment for Johnaton Sampson George was delayed for at least one week Friday when his attorney challenged a new set of charges filed by prosecutors.

A smiling George slowly walked into the courtroom, wearing the orange jumpsuit issued to him at the federal Metropolitan Correctional Center. There was heavy security for the hearing, in which he had been scheduled to make a plea to nine felony counts against him.

George was accused last week with the special-circumstance murder in the death of motorist Michael (Mick) Champion, who was shot to death Oct. 5 after George allegedly escaped from a jail van that was taking him to MCC.

All but one of the nine charges George was to be arraigned on, including robbery, murder, felony assault on a peace officer and escape, stem from the escape and killing.

Deputy Dist. Atty. Robert Phillips filed two new counts Friday, one charging George with escape and a second alleging that he committed a carjacking June 2, one day after he allegedly escaped from the South Bay Municipal Court. Phillips said George did not use a weapon during the car theft in Southeast San Diego near 54th Street.

Defense attorney William J. Stearns filed documents objecting to the new complaint “on the grounds that it lacks specificity” because Phillips did not name the victim of the alleged carjacking.

“He is complaining about what he considers a lack of clarity. He wants to know what he is charged with,” Phillips said. “So we will debate that issue next week.”

A hearing was scheduled for 10 a.m. Friday. Depending on the outcome, George may be arraigned at that time.

Though the names of victims are not necessarily needed in a complaint, Stearns also argued that the other counts “lack sufficient specificity with regard to time, place or distinguishable circumstance.”

Whatever the result, Stearns said Friday that George will plead not guilty to all charges.

Phillips also has filed a second special-circumstance allegation. The new complaint charges George with killing Champion during a robbery--in this case a carjacking--and committing murder while attempting to escape from lawful custody.

If a jury finds that either special-circumstance allegation is true, George could be sentenced to death.