3 Will Stand Trial in Death of Woman During Fight : Courts: They will face involuntary manslaughter, but not hate crime, charges stemming from incident at La Habra shopping center. Beating victim had heart attack.

Three people were ordered to stand trial Monday on charges of involuntary manslaughter in the death of a woman during a fight at a La Habra shopping center in September.

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Prosecutors dropped charges that the defendants, who are white, committed a racially motivated hate crime when they allegedly beat 26-year-old Tina Roxanne Rodriguez, a black mother of four, causing her to have a fatal heart attack.

Deputy Dist. Atty. Lewis R. Rosenblum told Municipal Judge Daniel T. Brice in Fullerton during a preliminary hearing that there was insufficient evidence to prove race was a factor in the actions of John Richard Collins, 25, of El Monte, his fiancee, Rebecca Luker, 22, of Whittier, and Sarah Ward, 17, of La Habra.

“I don’t think it would have mattered if (Rodriguez) had been white, black, Hispanic or Asian,” Rosenblum said. He said that while one witness claimed Collins yelled “white power,” at Rodriguez as she lay dying in the parking lot of a strip mall at La Habra and Beach boulevards Sept. 2, seven other witnesses disputed that.

Two witnesses told police that Collins yelled, “That’s what you get!” Rosenblum said, while five others heard nothing.

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“I cannot in good conscience bring these charges” of a racially motivated hate crime, Rosenblum said.

The defendants’ attorneys applauded Rosenblum’s decision, saying it showed “courage” not to bring such emotional charges in a case that has received significant media coverage because of its racial overtones.

“It’s good to see a prosecutor taking his ethical duties seriously,” said William G. Morrissey, Collins’ attorney.

La Habra Police Detective Michael Mitchell testified Monday that witnesses told him Rodriguez was a passenger in a car driven by a friend. In the car were Rodriguez’s 3-year-old daughter and a child of her friend.

Rodriguez’s friend was pulling out of a parking place when her car was almost struck by a car driven by Collins, Mitchell testified. Collins’ car had been stolen from a dealership in August and Collins told police he had bought it for $200 from the apparent thief, Mitchell said.

When Collins stopped to exit the parking lot, Rodriguez got out of her friend’s car, walked toward Collins and said, “Excuse me--what’s the problem?” Mitchell testified.

Ward, who is being tried as an adult, and Luker jumped out of the car and began beating Rodriguez, who suddenly collapsed, Mitchell testified. They continued to kick and beat her while she was on the ground, Mitchell said.

Collins, who had gotten out of the car to watch, then yelled, “Let’s get out of here!” Mitchell said.

Dr. Joseph Hakla testified that his autopsy of Rodriguez showed that she did not die from the beating but from a heart attack caused by the stress of the fight. He said Rodriguez had Grave’s disease, a thyroid condition that makes those who have it susceptible to heart failure.

Under cross-examination, he testified that the disease does make some people quicker to anger, which may explain why Rodriguez confronted the threesome.

Collins, who is on parole for burglary, also faces charges of possession of a stolen car and possession of a hashish pipe. He remains in jail in lieu of $100,000 bail.

Brice lowered Luker’s bail to $60,000 and Ward’s to $50,000 because the race crime allegations were dropped. Their bail had been $100,000 each. Each remains in custody.