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Man Accused Of Killing Realtor To Stand Trial

POSTED: 2:03 pm PDT October 2, 2007
UPDATED: 6:26 am PDT October 3, 2007

A man accused of fatally shooting a Realtor during a disagreement over a Lakeside condominium sale will stand trial on a murder charge, a judge ruled Tuesday.

Michael Ray Jennison, 37, faces 25 years to life in prison if convicted of the Feb. 1 shooting death of James Magot, a Vietnam veteran, Purple Heart recipient and elder at his church in La Jolla.

Judge Allan J. Preckel, who ruled there was enough evidence to hold the defendant to answer to the charges, set a hearing for Oct. 16 to schedule a trial date.

A witness testified that Jennison had a revolver in his hand when he emerged from his unit just after the fatal shooting.

Veronica Fredenberg said she heard a "pop-pop," then looked out her window to see the defendant and another man come through a door of the condominium at 9717 Wintergardens Blvd.

"I saw (Jennison) with the pistol in his hand, reaching into his pants to put the pistol there," Fredenberg said.

The woman said she did not know the defendant or the other man at the time.

Fredenberg identified the defendant in court as the gunman and said she eventually came to know the other man as James O'Kane, who lived in the complex.

O'Kane testified that he offered to buy Jennison's unit when it fell into probate after the death of his grandparents. The defendant took care of his grandparents, who died in 2005 and 2006.

Magot came to see Jennison on the day of the shooting to discuss his second offer, O'Kane said.

The 64-year-old victim "was very aggressive" with Jennison, who didn't like the agent and "felt he was abusive to him," O'Kane said.

The witness testified that Magot got close to Jennison's face, told him he had better offers and repeatedly asked, "Don't you want the extra money?"

O'Kane said he was on the phone when Jennison and Magot began to fight. Once the altercation broke up, Jennison went into another room, the witness said.

A shot was then fired from behind him, O'Kane said, and Magot "dropped as quickly as I'm talking to you."

The defendant stepped up and leaned over the wounded man and fired one more time at his head, O'Kane testified.

Dr. Glenn Wagner, the county's chief medical examiner, testified that Magot, who ran a real estate firm with his wife, died of two gunshot wounds to the back of the head. He also had a recent human bite mark on his right upper arm, Wagner testified.

The body was up against a wall, and blood spatter was low on the wall, near the floor, Wagner said.

When Jennison was arrested in Globe, Ariz., near Phoenix, police said they found three guns in his vehicle.

Jennison was recently evaluated for mental competency, but was found to be fit to face the murder charge against him.

Patricia Bowles, who lived in a unit directly across from Jennison, testified that he changed after his grandmother died.

"He seemed very lonely," Bowles said. "He walked with his head down a lot. He made us very concerned. He had no job, he had no family. I was very worried about his future. That was his job, taking care of his grandparents."

Defense attorney Brian White said his client's mother dropped him off with his grandparents when he was a child and never returned. Jennison grew up in San Diego and majored in criminology at San Diego State University, his attorney said.

The defendant appeared emaciated when he walked into the courtroom.

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