No Felony Charges in Killing of Panhandler : Courts: Charles Hoyle claimed self-defense in the shooting. Prosecutors may still pursue misdemeanor.

A Van Nuys man who claimed self-defense when he fatally shot a panhandler last month, and wounded another man in a similar incident six years ago, will face no felony charges in connection with the latest shooting, prosecutors announced Monday.

However, prosecutors are still evaluating whether to charge Charles Hoyle, 25, with one misdemeanor count of carrying a loaded weapon in public.

Hoyle used the gun to kill Reggie Brian MacKay, 25, at a Van Nuys gas station last month after the two men argued over Hoyle’s refusal to give money to one of MacKay’s friends, said Deputy Dist. Atty. Larry Diamond.

Because of conflicting witness statements, some of which corroborated Hoyle’s account that Mac- Kay was armed with a knife or a screwdriver, prosecutors concluded that they lacked evidence to charge Hoyle with manslaughter or other felony.

“We can’t prove beyond a shadow of a doubt that he was not acting in self-defense,” Diamond said.

The decision outraged MacKay’s grandmother, Doris Simmons of Northridge, who called it “beyond comprehension.”

“Are we to be allowed to shoot all those who appear to be poor, those who are homeless, those who don’t strike us just right?” she asked. “Why heavens, it’s crazy, he (Hoyle) could have just turned away.”

Hoyle could not be reached for comment.

If he had been charged with voluntary manslaughter, Hoyle would have faced a maximum sentence of 11 years in state prison, prosecutors said.

In contrast, if Hoyle is charged and convicted of carrying a loaded weapon in public, he would face a maximum sentence of six months in County Jail and a $1,000 fine, said Deputy City Atty. Richard A. Schmidt, who is considering whether to charge Hoyle with the lesser crime.

Prosecutors said the fact that Hoyle shot Michael Leon Beaman in the left foot six years ago had no bearing on their decision.

Hoyle also claimed self-defense in that case, saying that Beaman forced his way into Hoyle’s house on Langdon Avenue in December, 1987, and tried to kill Hoyle and his parents. Beaman said he knocked on the door of Hoyle’s house by mistake looking for a friend.

No criminal charges were filed, but Beaman sued Hoyle and received a settlement of less than $20,000 from Hoyle’s homeowners insurance carrier.

According to some witnesses, the recent incident became violent after MacKay began berating Hoyle in a loud voice for refusing to give money to one of his friends at the gas station, Diamond said.

Hoyle then gestured toward a gun tucked either in his waistband or back pocket, prompting MacKay to arm himself with a large screwdriver, Diamond said.

Hoyle went inside the station to ask the attendant to call police. When he came out, MacKay, who tests later proved was under the influence of alcohol and cocaine, “came at him,” Diamond said. Hoyle shouted “Get back, get back” before shooting MacKay twice, Diamond said.

No screwdriver was ever found, but detectives said it could have been stolen from the scene by another panhandler.

In a conflicting account, Simmons said another witness told her that her grandson did not attack Hoyle.

“They made my grandson out to be a monster and the fact is he isn’t a monster,” said Simmons, adding that MacKay had been drinking since he was in junior high. “My feeling is it’s the other fellow with a gun who is a very dangerous person.”