6 Extortion Suspects Are Cleared

A Superior Court judge late Tuesday dismissed murder, attempted robbery and conspiracy charges against six suspects in an alleged extortion that set off a gun battle that left two men dead.

The case was tainted early on when it was learned that a Glendale merchant, who was allegedly the victim of a gang of extortionists, was himself on felony probation--making it illegal for him to possess the pistol he said he used to defend himself in the gunfight. His subsequent refusal to testify hampered the prosecution.

Judge Victor Person, responding to a pretrial motion by defense lawyers, ruled that a nine-day preliminary hearing in Glendale Municipal Court failed to provide the six men with a fair opportunity to present their defense.

Defense lawyers, although happy with the ruling, said their clients were rearrested immediately and remained in custody without bail. It is likely that at least some of the men will be charged again, the lawyers said.

“It’s a mixed victory,” said Alex Kessel, the lawyer representing defendant Karen Takvoryan, 22, of Van Nuys. “The prosecution has a right to refile the case. . . . We’re anticipating a new arraignment.”

Sandi Gibbons, a spokeswoman for the Los Angeles County district attorney’s office, said it was undetermined whether prosecutors would refile charges against the men. “The judge dismissed the case on a procedural ground,” Gibbons said. “We will reevaluate and determine how we’re going to proceed.”

The judge’s ruling was met with emotional applause by the defendants’ relatives and friends, said James E. Blatt, the lawyer for defendant Mger Tagvoryan, 23, of North Hollywood.

“It was a tough battle,” Blatt said.

In February, Municipal Judge Laura Matz ended a nine-day preliminary hearing by ordering the six men to stand trial for their alleged roles in a late-night shootout at the Mirage Clothing & Shoes store on Glendale Avenue on Dec. 17.

Besides Tagvoryan and Takvoryan, the defendants are Takvoryan’s brother, Hovhanes Takvoryan, 23, also of Van Nuys; Gagik Kazarian, 44, of Glendale; Khoren Broutian, 32, of Hollywood, and Hovik Fiterz, 36, of North Hollywood.

A seventh suspect, Samvel Krboyan, 42, of Van Nuys, remains at large.

The preliminary hearing was marked by intense legal maneuvering and complications, such as the prosecution’s key witness refusing to testify.

According to Deputy Dist. Atty. Eleanor Hunter, who prosecuted the case, the defendants went to the clothing store sometime after 11 p.m. on Dec. 17 and pressured Ara Karapetian, the store owner, to pay $3,000.

Karapetian refused to pay, authorities said, leading Artur Atayan, one of the alleged extortionists, to begin firing gunshots. Karapetian also used a gun, and the shootout resulted in the deaths of Atayan and a 19-year-old bystander, authorities said.

The prosecution encountered problems when the judge learned that Karapetian was on felony probation for robbery--making it illegal for him to possess a firearm.

The judge advised Karapetian to seek a lawyer, and when Karapetian returned to court the next day he invoked the right not to give testimony that would incriminate himself. And because defense lawyers could not cross-examine him, the judge struck his earlier testimony from the record as well.

Defense lawyers have said all along that the defendants were not trying to extort money from Karapetian. There was a business dispute that got out of control, they said.

“We were arguing that this wasn’t a robbery,” Kessel said. “This was an argument among men that escalated into a shooting.”

Although none of the defendants were alleged to have used a gun, prosecutors and defense lawyers said they could face the death penalty if convicted because of the conspiracy charges.

Ronald D. Hedding, lawyer for Hovhanes Takvoryan, said there was no evidence that the men were part of the Armenian Mafia or any other organized crime group. “There’s been no evidence that’s been brought out that shows any Armenian Mafia here,” Hedding said.