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Man Accused Of Gunning Down Surfer Ordered To Trial

Victim Trained Dogs For Narcotics Detection

POSTED: 6:50 am PDT May 14, 2007
UPDATED: 1:29 pm PDT May 14, 2007

A man who allegedly gunned down an Oceanside security-dog trainer after a fight in a Carlsbad complex of bars and restaurants was ordered Monday to stand trial for murder.

Following Monday’s testimony at a preliminary hearing, Vista Judge Timothy Casserly ordered David Jonathon Sumner to be arraigned on May 29, at which time a trial date is to be set.

At the hearing, witnesses said the shooting stemmed from fistfight that started after Sumner and the victim -- James Jay Wendal, 44 -- bumped into each other on an overhead walkway shortly after midnight on Jan. 19.

A man with Wendal that night, James Cowan, said the victim and defendant exchanged "sarcastic" and "rude" comments when they bumped into each other in the complex in the 300 block of Carlsbad Village Drive.

Cowan said he grabbed Wendal to pull him away, and saw a friend of Sumner's do the same with the defendant.

At that time, Cowan spotted the gun in Sumner's hand, he said.

"I yelled, ‘Gun! Gun! Gun!’” Cowan testified.s

He said he wrestled the firearm from the 21-year-old Sumner, set it down on a nearby table and stood in front of it so no one could reach it. After the combatants were separated, however, the defendant grabbed the gun and then ran off, according to testimony.

Wendal walked after the defendant, he said.

Cowan said he then heard gunshots and watched as Wendal -- a divorced father of two adult children -- "took two steps and fell to the ground." He had been shot five times.

Cowan, a former emergency medical technician and firefighter, tried CPR, but to no avail.

A friend of Sumner's, Eric Acosta, testified that Wendal made the first push when the fight broke out and later "charged" the defendant before he was shot.

Both witnesses said that they'd been drinking at several establishments that night before their paths crossed. Acosta said he and Sumner went to a target shooting range earlier in the evening, and the defendant before the fight showed him that he had his gun in his waistband.

Carlsbad police Officer George Zavala testified that Cowan pointed out Sumner as the gunman. He said he chased the gunman across the street and arrested him after a short search.

The gun was found on the roof of a nearby restaurant, the officer said.

Wendal has been described as an avid-surfer who trained dogs for narcotics detection and other tactical work.

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