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Murder Trial Ordered in Fatal Spearing at Beach : Courts: San Clemente man will also face assault charges in incident that caused death of student Steve Woods. He could get up to 25 years to life if convicted.

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TIMES STAFF WRITER

Municipal Judge Ronald P. Kreber on Thursday ordered a San Clemente man to stand trial on murder and assault charges in the Oct. 15 attack that caused the death of 17-year-old Steve Woods.

Juan Enriquez Alcocer, 20, faces one count of murder, 10 counts of felony assault, one felony count of throwing an object at a moving vehicle and a sentencing enhancement alleging gang involvement.

Alcocer could face 25 years to life in prison if convicted of first-degree murder, or 15 years to life on a second-degree murder conviction. With the gang enhancement, he would have to serve at least 15 years before being considered for parole.

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Woods was among 10 friends in three vehicles who were pelted with rocks, beer cans and other items by a group of 10 to 15 people as they tried to leave Calafia Beach County Park and avoid a confrontation, according to testimony and police reports. The teens had gone to the beach after a San Clemente High School football game.

Amid the breaking of windows, Woods, a passenger in the first vehicle to leave the parking lot, was somehow speared through the head with the metal rod of a paint roller.

Woods, who was in his senior year at San Clemente High School, fell into a coma after the attack and died Nov. 9, never having regained consciousness.

Six suspects--two adults and four juveniles--were arrested in the case, which has caused outraged San Clemente residents to hold meetings, marches and demonstrations to protest gangs and youth violence.

Alcocer, who told police he threw a piece of wood during the melee, remains in jail on $500,000 bail and will be arraigned Dec. 13 in Superior Court.

A second adult suspect, Arturo Villalobos, 20, of San Clemente, will face a preliminary hearing later this month. In January, another hearing will be held to determine if four juveniles charged in the case should be tried as adults.

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While Judge Kreber said he had “initial questions” about the murder charge in the case, he ruled in favor of the prosecution.

Deputy Dist. Atty. Gary Paer said that past cases have held that any member of a group involved in a crime that results in a death can he held responsible for murder, even if there is no intent to kill.

Police and prosecutors further allege that all six suspects arrested in the case are members or associates of a San Clemente gang, and that homicide can be seen as a “probable consequence” of a gang attack.

“He was involved in this attack,” Paer said, referring to Alcocer. “It was a gang thing. He should stand trial in Superior Court on a murder charge.”

Attorney Gene E. Dorney, who represents Alcocer, told the judge he believes it is a “very large stretch” to go from assault to murder in the case. The suspects may have intended to cause damage to the vehicles or even scare the occupants inside, but murder was not a “foreseeable” result of their action, Dorney said.

“Every case is different,” he said. “Our argument is you can’t make that leap in this case.”

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In testimony Wednesday, Sheriff’s Department investigators said an innocent question by a friend of Woods about some parties in San Juan Capistrano may have sparked the confrontation.

As the friend left the gathering to take two other people home, he pulled up alongside a pickup truck carrying several of the suspects. Thinking the pickup belonged to someone he knew from San Juan Capistrano, the friend called out if the occupants in the truck knew of any parties in San Juan Capistrano, according to testimony.

But the pickup did not belong to his friend and the question provoked a hostile response, with one of the suspects punching Woods’ friend in the face, a detective testified.

The friend immediately went back to the gathering and told everyone they had better leave. As they prepared to drive off, several teens told police they saw a group of 10 to 15 youths walking toward them, armed with a tennis racket and chains, according to testimony.

Just the mere mention of San Juan Capistrano to the suspected San Clemente gang members could have provoked a violent response, a sheriff’s gang expert testified. The San Clemente gang has a long rivalry with a gang in San Juan Capistrano.

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