Bail Reduced For Man Accused In Beating Death Of Surfer
Defense Attorney Claims Man Was Not Involved In Beating
POSTED: 11:58 am PDT June 13, 2007
UPDATED: 1:35 pm PDT June 13, 2007
SAN DIEGO -- Bail was reduced Wednesday from $1.2 million to $500,000 for one of four young men accused in the beating death of a 24-year-old professional surfer in La Jolla. Defense attorney James Warner told Judge John Einhorn that his client, 22-year-old Orlando Osuna, only drove the vehicle containing the three other defendants to the scene of a May 24 fight with the victim, Emery Kauanui. Seth Cravens, 21, and Eric Matthew House and Matthew Yanke, both 20, are also charged with murder in connection with Kauanui's death. Witnesses said Osuna was never involved in the hitting or kicking of Kauanui, who suffered a skull fracture and died of brain injuries five days later, according to Warner. Another man who rode with Osuna to Kauanui's mother's house -- where the fatal altercation took place -- has told authorities the same story, the lawyer said. He said Osuna's parents, two aunts and a grandmother are willing to put up the equity in their residences as collateral to help the defendant make bail. Deputy District Attorney Genaro Ramirez argued Osuna is still a danger to the community because he is part of a "crew" known as the Bird Rock Bandits, which has been involved in other acts of violence in the area. Police said last week that the defendants are being investigated for their alleged participation in as many as 15 other assaults, and the prosecutor said additional charges are possible. One witness told police that someone -- possibly Osuna -- may have kicked the victim when he was down, Ramirez told the judge. Somebody who was with the group on the night of the fatal fight said that other than Cravens and House, there was no conspiracy to assault Kauanui, the prosecutor said. Kauanui's girlfriend said a dispute arose between Kauanui and House at the La Jolla Brew House when Kauanui accidentally spilled his drink on House. Ramirez said the defendants talked about retaliation and drove in Yanke's car to the residence of Kauanui's mother, where the beating took place. The prosecutor singled out Cravens as the person who allegedly delivered the fatal blow. Osuna -- who lives five blocks from the beach in La Jolla -- was ordered not to surf if he makes bail. Cravens is being held on $2 million bail. Yanke and House are out of custody on $1 million and $1.5 million bail, respectively. Judge Jeffrey Fraser said last week that the defendants, if released on bail, cannot leave San Diego County, go to beach communities or do any surfing and must surrender their passports. Einhorn said he would allow House to go once a week with his half-brother to visit his ailing 89-year-old grandfather, who lives about three miles from the victim's home. The defendants will be back in court Aug. 2 for a readiness conference. A preliminary hearing was scheduled for Sept. 12.
Previous Stories:
- May 29, 2007: Four Arrested In Connection With Fatal Beating Of Surfer
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