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Bail Reduced For Three Men Accused In Surfer's Death

Emery Kauanui Beaten Outside His La Jolla Home

POSTED: 3:27 pm PDT June 7, 2007
UPDATED: 5:43 pm PDT June 7, 2007

Bail was reduced Thursday for three of four young men facing murder charges in the beating death of a professional surfer in La Jolla.

Seth Cravens, 21, Eric Matthew House and Matthew Yanke, both 20, and Orlando Osuna, 22, are charged in the May 24 death of Emery Kauanui.

Deputy District Attorney Genaro Ramirez alleged last week that the defendants -- who called themselves part of a "crew" known as the Bird Rock Bandits -- attacked Kauanui outside his mother's home about 1:30 a.m.

Kauanui, 24, suffered a skull fracture and died five days after the attack.

At a hearing Thursday, Judge Jeffrey Fraser reduced Cravens' bail from $2.5 million to $2 million; House's bail from $2 million to $1.5 million; and Osuna's from $1.5 million to $1.2 million.

Yanke made $1 million bail last week.

Fraser said he wanted to set bail for the other defendants consistent with similar murder cases.

The judge rejected requests by attorneys for the three men to significant reduce bail to as low as $100,000 -- the amount that Osuna's lawyer had sought.

Osuna's attorney, Jan Ronis, said the incident involved "mutual combat between a couple of participants."

"My client was merely an observer," Ronis said.

But the prosecutor alleged that Osuna drove all of the defendants to the fight scene and at some point "did have bodily contact with the victim."

Ronis said the dispute was between Kauanui and House after the men had a disagreement at a nearby bar.

House's attorney, Earll Pott, told the judge that his client was a peaceful, caring and kind person who played lacrosse and football in high school.

Pott said there were viable defenses in the case, and said House planned to "face these charges like a man."

Witnesses said House was left behind at the crime scene and seemed tearful and apologetic, but the prosecutor said House stayed behind to look for a missing tooth.

Ramirez contended the entire incident wouldn't have happened if House's honor wouldn't have been challenged at the bar and he had just "let it go."

"Nothing would have happened," Ramirez said.

He said it was undisputed that House was the "moving force" behind everyone going to the fight scene.

"Mr. House could have ended this very early on by not trying to seek revenge," the prosecutor said.

Terry Allen, the attorney for Cravens, said his client was the 13th in a family of 14 children and a person "everyone would trust."

Allen said it was unfair to single out Cravens as the main perpetrator.

"He is horrified that his friend died," Allen told the judge.

But Ramirez alleged Cravens delivered the fatal blow and that the defendant had been known to batter males and females. The prosecutor called Cravens an "explosive individual."

If the defendants make bail, Fraser said they will not be able to leave San Diego County, go to beach communities or do any surfing and will have to surrender their passports.

Any violations of the conditions means the defendants would be taken into custody without bail, the judge said.

He assigned the case to Superior Court Judge John Einhorn, who scheduled a status conference for Tuesday. A preliminary was scheduled for July 30-31.

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