Murder Case ‘Not a Slam Dunk,’ Lawyer Says

An attorney for one of two men charged in the slaying of an unarmed, off-duty Los Angeles County sheriff’s deputy warned Friday that the case against the pair is “not a slam dunk.”

Defense attorney Barry Post said witnesses have yet to identify the defendants in a police lineup. Kevin Dewayn Boyce, 27, and Andre Willis, 30, are accused in the Aug. 14 shooting death of 26-year-old Shayne Daniel York.

York was shot in the back of the head during a robbery that occurred while he and his fiancee, Jennifer Parish, were waiting for haircuts inside a Buena Park hair salon where Parish’s sister worked.

“There has been no physical identification of either defendant,” said Post, Willis’ attorney. “We’re trying to get information the prosecution says they have.”

The attorney’s remarks came Friday after Municipal Judge W. Michael Hayes postponed the arraignments in Fullerton until next month to give defense attorneys more time to prepare for the case.

Citing their concerns about identification, Post and Boyce’s attorney, Deputy Public Defender Mark Davis, objected to the defendants being photographed or filmed by the media during their court appearances.

“This is a potential death-penalty case, and identification is still being challenged,” Post told the judge.

Hayes said he did not want to take any chances and sided with the defense attorneys, despite the fact that footage of the defendants’ arrests has already aired and their photos have appeared in newspapers.

Deputy Dist. Atty. Carolyn Kirkwood, who is prosecuting the case, declined to comment on any specific evidence but made clear that she believes the right men are in custody.

“We felt we had sufficient evidence to file the case and move forward with the case,” she said outside the courtroom.

The prosecutor said a committee will decide within the next three months whether to seek the death penalty against Boyce and Willis.

Both men have been described by police as Compton gang members. Each is charged with 11 criminal counts, including committing murder during robbery and burglary--so-called “special-circumstance” allegations that could lead to the death penalty.

Boyce is the accused triggerman and faces an additional special-circumstance charge of intentionally killing a peace officer.

York and Parish, who is also a Los Angeles County sheriff’s deputy, were at the salon when two men burst in and demanded wallets and valuables.

While going through York’s wallet, they found his badge. York was ordered to lie on the floor, and one of the men shot him in the head, an act that Los Angeles County Sheriff Sherman Block likened to an execution and a hate crime committed because the victim was a law enforcement officer.

The robbers made off with $11 and Parish’s engagement ring.

Police said the two men then drove to Yorba Linda and robbed a Lamppost Pizza. A witness gave police a description of a white Ford Mustang convertible after the second holdup. It matched the description of a car that witnesses said the robbers had sped off in after the York shooting.

A Fullerton police officer who heard a countywide bulletin spotted the car as it entered the westbound Riverside Freeway.

The officer followed the car and determined that the two men inside matched the description Parish had given of the robbers at the hair salon.

The two men were arrested without incident after being swarmed by police on the freeway.