3 O.C. Men Await Ruling in Mexico

A judge in Cozumel, Mexico, was to decide by today whether three Orange County men will stand trial on gun-running charges after officials there found five weapons aboard their 145-foot yacht, the Rapture.

The men were arrested last week in a case that supporters said included a bribery solicitation by local authorities that fell apart after news outlets reported the men’s detention.

The judge’s decision will cap several days of testimony, including statements Tuesday by a port agent and two federal police officers that a defense lawyer said undercuts the prosecution’s basic contention: that the men sought to conceal two semiautomatic rifles and three shotguns when they anchored off Cozumel.

“[The officials] admitted that they were shown the guns, that they were escorted onto the bridge and that the guns were hanging on the gun rack,” said William Bollard, the Irvine-based lawyer representing Eugene McClung Jr., 71; his son Scott, 36; and Noah Bailey.

Mexican authorities, reacting to continuing violence in the state of Chiapas, have been trying to exert tighter controls over weapons entering the country.

Those efforts led the U.S. State Department to issue a warning Aug. 3 for U.S. citizens to avoid taking firearms into Mexico without obtaining written permission from a Mexican consulate or the Mexican Embassy in Washington. The penalty is up to five years in jail, and applies “even if the firearm or ammunition is taken into Mexico unintentionally.”

Bollard said those aboard the vessel were unaware of the warning.

But he said they were advised by U.S. Coast Guard officials and insurance surveyors before leaving Florida last week to arm themselves if traveling the high seas.

In one affidavit, Coast Guard Lt. Gary M. Messmer said he personally told McClung “it was common practice for commercial and private vessels to carry weapons for self-protection on the high seas and that I considered this to be the actions of prudent sailors.”

Bollard also cited a U.S. Consulate circular warning travelers of violent crimes in Honduras and Guatemala, including “incidents of yacht burglaries.”

The waters along Central America have a reputation among mariners as dangerous.

Ian Bruce, 73, a retired captain and president of the Newport Beach Sailing Club, said political instability in the region over the years has made it conducive to crime.

“What’s a pirate but a thief with a boat?” Bruce said. “I heard the story of one guy who went down and was 50 miles off the coast of Honduras, who let a half-baked militia onto his ship. . . . They stole everything that was not nailed down.

“Personally, I say, if you’re not going to go armed, don’t go.”

Under Mexican law, the judge has until this evening to order the three men held for trial or to order their release, Bollard said.

Criminal Judge Fidel Villanueva said he could not comment on a case in progress, but said that if the charges are not dismissed, the case would be transferred to Cancun for further action.

Prosecutor Claudio Sanchez Torres also declined comment.

The three men were detained last week after the Rapture, on its shakedown voyage from Freeport, Fla., to Newport Beach, anchored off Cozumel for unplanned minor mechanical repairs. Nine other crew members and passengers, including Eugene McClung’s wife, Mozelle, 72, and a 14-year-old grandson, remain stranded in Cozumel after federal police confiscated their passports. Two other grandchildren returned to California after their mother exchanged affidavits for their passports, Bollard said.

The Rapture’s itinerary had called for the ship to travel from Florida’s North Gulf Coast, around the western tip of Cuba and southward to the Panama Canal. From there, the Rapture was to have traveled along the Pacific Coast to Newport Beach, arriving sometime this week.

About 150 miles north-northeast of the Yucatan Peninsula, though, the boat developed minor problems with a water pump and other equipment, and the ship made for Cozumel.

There, Bollard said, the captain notified harbor officials of the ship’s unscheduled arrival and later informed a contractual port agent that there were weapons aboard. Bollard said that subsequent forms were forged and that the ship was not inspected by the local harbor master but was boarded twice by the local federal prosecutor, who later tried to extract a $10,000 payment for the men’s release.

Word of the arrests ricocheted around Southern California on Tuesday, confounding friends of the detained men.

“If ever there was a case of . . . false imprisonment, this is it,” said Dr. Richard Thompson, a boyhood friend of Eugene McClung. “They’re very devoted churchgoers, all of them. They’ve got no business holding him in jail.”

The ship is owned by Certified Marine Expeditions of Newport Beach, a charter yachting outfit owned by Eugene McClung that deals almost exclusively with Christian-based voyages. This is the firm’s third ship; it was custom-built for $8 million to better accommodate the tours. It replaces the McClungs’ second ship, also called the Rapture.

During the winter months, the firm runs secular programs for public schools as well as church-oriented outings, said Scott Crowell, office manager for Certified Marine Expeditions.

Among their regular clients is South Coast Mariner’s Church, where several crew members--including the captain, Scott McClung--are members and active volunteers. Paul Holaday, 24, who became acting captain of the Rapture after Scott McClung and Bailey were arrested, plans to leave the ship next month to join Mariner’s as a junior high school counselor.

“For a couple of summers, we’ve taken students on the Rapture for boat-based camping ministry,” said Chris Lagerlof, 29, junior high pastor at Mariner’s. “We go to Catalina. That’s what [Certified Marine Expeditions] do throughout the summer, taking different youth groups from all over California. They do it as a ministry.”

Lagerlof said friends of the detainees have offered prayers that the ordeal end soon.

“Several churches have committed to praying daily, as well as individuals. We prayed last night at home,” said Lagerlof, adding that he spoke with Holaday--a close friend--Tuesday. “They seem to be in great spirits, considering the circumstances. They’re in God’s hands.”

Representatives of Coast Hills Church in Aliso Viejo, where the elder McClungs are members, declined comment on efforts underway there to help the family.

Times staff writers Yung Kim in Costa Mesa and Jim Smith in Mexico City contributed to this report.