Judge Dismisses Charges in Brawl Shooting

Ruling that police illegally obtained a confession, a Ventura County judge has dismissed charges against the main defendant in a shooting that left two Westlake High School football players hospitalized last February.

The decision by Superior Court Judge Charles R. McGrath was a stinging defeat for prosecutors in one of the most high-profile incidents of gang-related violence in Thousand Oaks in recent years.

Defense attorneys said Monday that McGrath’s decision should send a strong message to law officers that coercive interrogations will not be tolerated in Ventura County.

“I think it was a correct ruling, and a lot of time we don’t see the police getting the word back that what they did was improper,” said Deputy Public Defender Donna L. Forry, who represents the 16-year-old defendant, Oubansack (Andy) Sonethanouphet.

But the father of 17-year-old David Behling, one of the victims, said the judge and the legal system have let his son down.

“I think it’s a pretty sad day when the courts in Ventura County are more concerned with defendants’ rights than the safety of our citizens,” said Dick Behling, whose son was shot in the back of the head.

“We had a confession to shooting two human beings, and the judge says that the school policeman spoke to him too sternly, and he’s free to go,” said Behling, whose son still suffers from headaches but has rejoined the football team. “It doesn’t make sense.”

Prosecutors said they will decide in a week or two whether to recharge Sonethanouphet with the two counts of assault with a firearm. They also defended the two Ventura County sheriff’s deputies in the case.

Deputies Randy Pentis and Jeffrey Allaire of the East Valley sheriff’s station conducted the interview on Feb. 9 with Sonethanouphet at Rowland High School in Rowland Heights, where Sonethanouphet was a student. Prosecutors said school police officer Davis Estrada, who sat in on the interview, tried to intimidate the suspect during the interview, apparently oblivious to the fact that a tape was running.

“This other guy, the (school) officer, he didn’t know the tape was on,” Deputy Dist. Atty. John Vanarelli said. “That’s why he said all those horrible things.”

The Ventura County deputies did not say anything that was out of line, Vanarelli contended. “In fact, they tried to clean it up as best they could.”

Neither Estrada nor his supervisors returned calls seeking comment on Monday.

McGrath’s decision is not the first blow to the prosecutor’s case.

In April, James Lee, a co-defendant and the alleged mastermind of a melee that led to the shooting, fled prosecution. The 16-year-old Lee and his older brother Frank, 21, are believed to have left the country for Taiwan, their homeland. Frank Lee is also a suspect in the case.

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Only two defendants whose whereabouts are known remain in the case: William Huang of Brea in Orange County and John Yi of Thousand Oaks, both 17.

The shooting occurred on Feb. 4 after James Lee and Westlake High football player Curtis Simmons agreed to engage in a fistfight at North Ranch Park to settle a dispute. Simmons showed up at the park with a large group of friends, including numerous football teammates, while Lee came with five carloads of supporters armed with baseball bats and guns.

Five days after the shooting, Pentis and Allaire interviewed Sonethanouphet at Rowland High. McGrath ruled that Sonethanouphet was never read his Miranda rights advising him against self-incriminating statements and was also subjected to threatening statements.

According to a transcript of the taped interview, school officer Estrada told Sonethanouphet to tell the Ventura County deputies what they wanted to know because “I’ve seen these guys. They get upset.”

Later, Allaire told the defendant: “Andy, I need to talk to my partner because he is going to lose it in a minute.”

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After the two deputies had apparently left the room, Estrada said: “I’ve seen (Pentis) lose it, Andy. And ah, it’s just me and you in here. And I don’t see (expletive) if you know what I mean.”

Forry said she interpreted Estrada’s last remarks to mean that he would not protect her client if Pentis became violent.

“I understand their need to get information,” Forry said. “But the Constitution says you’re not allowed to go about getting information in a way that’s going to violate people’s rights. They just simply didn’t follow that.”

Pentis, who has been promoted to sergeant in recent months, and Allaire were off duty Monday and unavailable for comment. Chief Deputy Robert Brooks said he could not comment on McGrath’s ruling because he was not specifically aware of the basis the judge used to make it.

But he said Pentis and Allaire are experienced officers who carry out their duties with integrity. Neither one would ever do anything that may later be used to cause a judge to dismiss charges, Brooks said.

“Our investigators have an interest in protecting the viability of the case,” Brooks said.

Chief Deputy Dist. Atty. Kevin J. McGee agreed. “They don’t do business that way.”

Lawyers representing the two other defendants--William Huang and John Yi--lauded the judge’s decision.

“It’s clear from the tape that they bullied (the confession) out of him, and that’s not acceptable,” said William T. Graysen, Yi’s attorney.

Although the judge said that Estrada was the most verbally abusive toward Sonethanouphet, defense attorneys in the case said the deputies were obliged to intervene.

“They should have stepped in and stopped it,” Graysen said.

Bray is a Times staff writer and Fields is a Times correspondent.