Trial Begins for First Defendant in Shooting of Westlake High Students

As trial began Thursday for the first defendant charged in a melee last year that shocked Thousand Oaks residents, two Westlake High School teen-agers testified that they prepared for a fistfight and were ambushed by assailants wielding guns, baseball bats and sticks.

The teen-agers, both football players, were unable to identify Oubansack (Andy) Sonethanouphet of Rowland Heights as one of the attackers. But one of the teen-agers, Scott Smith, said Sonethanouphet resembles the person he believes shot him.

Sonethanouphet, 17, is one of four youths charged in the Feb. 3 incident at North Ranch Park. Prosecutors believe he shot two Westlake High football players during the fight.

Ventura County Superior Court Judge Charles R. McGrath, who is hearing the Juvenile Court trial, dismissed criminal charges against Sonethanouphet in September after ruling that police illegally obtained a confession from him. Prosecutors refiled the charges in the belief they can get a conviction without the confession.

In testimony Thursday, Curtis Simmons, 17, said the fistfight was planned because of an ongoing feud he had with schoolmate James Lee, 17, of Thousand Oaks. 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, according to testimony.

Smith, 17, testified he went to the park to provide backup for Simmons if necessary. When the fighting began, Smith testified, he soon found himself staring at a teen-ager pointing a gun at him.

Smith said his first inclination was to run away, but then he thought the gun-wielding youth might be like “a wild animal” and would be antagonized by quick movement. Smith testified he tried walking slowly back to his truck and fended off two assailants, one armed with a metal rod, before being shot in the shoulder.

Asked by Deputy Dist. Atty. John Vanarelli if he recognized Sonethanouphet, Smith at first said he did not but later qualified the statement.

“He resembles the person I saw in the car that pointed the gun at me, but I am not positive it is him,” Smith testified.

Simmons also could not identify Sonethanouphet. He testified he was being beaten with a bat and a 2-by-4 by Lee and Lee’s older brother when he learned there might be shooting.

“I heard, ‘Let’s shoot the fool,’ and I ran over a brick wall,” Simmons said.

Simmons escaped further injury, but he later saw that one of his friends, David Behling, 17, had been shot in the head.

Behling is scheduled to be the first witness when trial resumes Monday.

Facing trial in adult court in connection with the incident are John Yi, 17, of Thousand Oaks and William Huang, 17, of Rowland Heights. Sonethanouphet initially was scheduled for trial in adult court, but when prosecutors refiled the case they decided to keep it in Juvenile Court.

Lee, whom authorities say helped organize the fight, is a fugitive. He is believed to be in Taiwan, his native country.