Testimony Ends In Surfer Death Trial
POSTED: 2:16 pm PST November 6, 2008
UPDATED: 5:02 pm PST November 6, 2008
SAN DIEGO -- Testimony concluded Thursday in the trial of a young man charged with second-degree murder for punching a professional surfer who fell and hit his head during a fight in La Jolla.Seth Cravens, 22, is charged in the death of 24-year-old Emery Kauanui.Judge John Einhorn denied a defense motion to dismiss the murder charge. Defense attorney Mary Ellen Attridge contended that no evidence had been presented that the right-handed Cravens knew that one punch with his left hand could kill someone.But Deputy District Attorney Sophia Roach argued that there was evidence of a group beating, including kicking and hitting, that culminated in Kauanui being hit by "an incredibly forceful blow" to the head.Prosecutors have also charged Cravens with voluntary manslaughter and involuntary manslaughter.Closing arguments are scheduled to begin Friday.Cravens was one of five men who went to Kauanui's home around 1:30 a.m. on May 24, 2007, to jump the victim after a drink-spilling incident at the nearby La Jolla Brew House, according to Deputy District Attorney Sophia Roach.Authorities believe that after a group attack on the street and a one-on-one fight with Eric House, Cravens hit Kauanui once in the head, causing him to hit his head on the pavement.Kauanui died four days later at a hospital.House, 21; Orlando Osuna, 23; Hank Hendricks, 22; and Matthew Yanke, 22; pleaded guilty to lesser charges stemming from Kauanui's death and were sentenced to time in local custody.Cravens faces 15 years to life in state prison if convicted of murder.He is also charged with 10 other counts including assault, battery and making a criminal threat in connection with prior incidents dating back to 2005.Hendricks testified Thursday that Kauanui beat up House before exchanging words with Cravens."That's when Seth hit him," Hendricks testified. "It was unexpected."Nur Kitmitto testified that he was at the Brew House when he overheard the defendant and his friends talking on the phone about a fight.He said he saw Kauanui's girlfriend, Jennifer Grosso, come out of the bar saying the group was going to jump the surfer, and that he drove to the victim's home, where he saw Kauanui on the ground.Kitmitto said he followed an ambulance to the hospital, then called Cravens to find out what happened.The witness said he let Cravens know that Kauanui was seriously injured, but Cravens told him that he was willing "to mess (Kauanui) up again" if the victim came after him.Nicole Sparks said she talked with Hendricks on the phone the day after the incident and asked him if there was a fight involving Kauanui."I think he said 'There wasn't much of a fight,'" Sparks testified.The witness said she could hear Cravens in the background laughing and saying, "We put (Kauanui) to sleep."Although the group went to the surfer's home, Yanke testified Wednesday that Kauanui was the aggressor in the fight.Defense attorney Mary Ellen Attridge said in her opening statement that Kauanui's death was a tragedy, but Cravens' actions did not rise to the level of murder and was in fact self-defense.She said Kauanui and the others had been drinking heavily at the Brew House at an end-of-school year celebration with many friends who had attended La Jolla High School.Attridge said Kauanui, who was there with Grosso, either spilled or poured a drink on House, sparking a brief confrontation. All of the participants in the fight that night had been long-time friends, Attridge told the jury.She said the bar manager asked Kauanui to leave because he was severely intoxicated. The victim's blood-alcohol level was later measured at .17 percent, and he had smoked marijuana that night, Attridge said.The attorney said House and Kauanui had stupidly argued about who was more local to the area.Once Kauanui was driven home by Grosso, he called House, Cravens and other friends about the beef at the bar, Attridge said.She said Cravens, House, Yanke, Osuna and Hendricks went to Kauanui's home with the plan for it to be a one-on-one fight between Kauanui and House.The punch thrown by Cravens, in combination with the drugs and alcohol consumed by Kauanui, caused him to lose consciousness and hit his head, causing his death, Attridge told the jury.
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