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Tape of Confession to Police Played for Jury in Van Buren Case : Courts: Former Newbury Park High football player admitted that he fired gunshot into his girlfriend’s house. He has since changed his story.

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TIMES STAFF WRITER

In tapes played to a Ventura County jury Wednesday, former Newbury Park football star Leodes Van Buren admitted to investigators that he fired a gunshot into his girlfriend’s house April 8.

“I’m not denying it. I’m trying to prove a point. I want to be with this girl,” Van Buren, 19, told a detective a few hours after the shooting.

But now Van Buren has changed his story. He says that a companion, whom he cannot name for fear of retribution, actually fired the bullet through a glass door of the home of then-girlfriend Marcie James and her parents.

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The trial, which began Tuesday, is expected to go to the jury this morning following closing arguments.

Van Buren, the state’s all-time leading high school pass receiver, is charged with shooting into an occupied dwelling--a felony that carries a maximum sentence of seven years in prison.

Prosecutors wrapped up their case Wednesday by playing two audio tapes of Van Buren confessing to the crime, first to a 911 emergency operator and then to a Sheriff’s Department detective.

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Deputy Dist. Atty. James Grunert also played a tape of James, who has since married Van Buren, saying that the couple concocted the story about Van Buren’s companion. James, 20, also has recanted her original statement that Van Buren did the shooting.

Van Buren’s attorney, John B. Miller, made a brief opening statement Wednesday, but did not call any defense witnesses.

Outside court, Miller said James’ testimony should be enough to exonerate his client. “I believe the jury will believe Marcie James’ testimony,” the lawyer said.

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Prosecutors believe otherwise.

Grunert’s first witness was Jan Daly, the sheriff’s 911 dispatcher whom Van Buren called minutes after the shooting. In a tape recording of that conversation, Van Buren confided that his problems with James arose after she learned of an affair he was having with a Westlake High School student.

“I know I was wrong because I have another girlfriend,” Van Buren told Daly.

He also blamed his difficulties with James on her parents, whom he said have disapproved of their relationship since James gave birth to their daughter two years ago. Furthermore, Van Buren said the stress of the relationship had caused him to miss several weeks of school prior to the April shooting.

But on the tape, he also bragged about being able to escape punishment for shooting into the James family house, saying at one point, “I’m smart.”

“I know a little bit about the law,” he said. “I know that if you don’t touch the bullet, your fingerprints won’t be on the bullet.”

Referring to the possible loss of a football scholarship to the University of Colorado because of the incident and his rocky relationship with James, Van Buren told the dispatcher: “We need help.”

After being taken to the East Valley Sheriff’s Station, Van Buren repeated much of his confession to Detective Ernest Montagna, admitting he fired the bullet from a black .380 pistol.

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“I went over and did what I was going to do,” he told the detective.

“And what was that?”

“Shoot her door.”

Later, Montagna asked Van Buren how many rounds he fired.

“Just one,” he answered. “I didn’t want to hurt anyone because, when you have a gun, it’s kind of hard to stop you.”

Van Buren said he did not mind spending a year or two behind bars. His mother and several other family members had survived jail time, he said. He also said that he was under so much pressure that he thought about suicide “all the time.”

“Didn’t you realize when you shot that gun that the bullet could’ve ricocheted?” Montagna asked.

Apparently surprised, Van Buren said, “It could’ve?”

“It could’ve bounced off and hit yourself.”

“I wish it would’ve hit myself.”

Under cross-examination, Montagna acknowledged that he never ordered Van Buren to be tested for powder burns to determine whether he actually fired the shot.

“Mr. Van Buren told me he did it,” the detective said. “I didn’t think there was a reason I had to” have him tested.

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