Related To Story |
Sentence Handed Down For Man Who Punched Surfer
POSTED: 4:59 am PST February 2, 2009
UPDATED: 11:21 pm PST February 2, 2009
SAN DIEGO -- A 23-year-old man who punched a professional surfer once in the head during a fight in La Jolla, resulting in his death four days later, was sentenced Monday to 20 years to life in state prison.Seth Cravens was convicted Nov. 18 of second-degree murder in the death of 24-year-old Emery Kauanui.The defendant was also convicted of four counts of assault, and one count each of battery and making a criminal threat, in connection with violent incidents dating back to 2005 and unrelated to Kauanui's death.
Before handing down the sentence, Judge John Einhorn denied Cravens' bid for a new trial, saying jurors had ample evidence on which to convict the defendant of murder.Einhorn also denied a defense motion to reduce the conviction to voluntary manslaughter.The judge noted that the group beating culminated with Cravens throwing a "vicious swing" that connected with Kauanui's head, sending him falling back and causing him to hit his head on the pavement.Einhorn calling the melee "a continuing, a brutally vicious and totally uncalled for" attack on Kauanui."By your violence, you took the life of a human being," Einhorn told Cravens. "It's unforgivable."Deputy District Attorney Sophia Roach urged the judge to sentence Cravens to the maximum term of 26 years and two months behind bars."This is a course of brutal and wanton violence," the prosecutor said, referring to the defendant's attacks on six people besides Kauanui. "Mr. Cravens has been terrorizing his own community for years. Everybody knew it."A tearful Cindy Kauanui said her son -- who was born on the Hawaiian island of Kauai -- loved everyone he came into contact with."It's just an amazing life that he lived," his mother said. "He knew the true meaning of aloha."If her son could be present at the sentencing, he would have told Cravens that Jesus loves him, Cindy Kauanui said."That's true aloha," the mother said.A short video tribute to Kauanui, which was shown in the courtroom, features a clip of him saying, "Surfing is my passion. Even if I don't make money surfing, I will always surf."Cravens, dressed in a green jail jumpsuit, apologized before his sentence was handed down."I just want to say sorry to Emery's family," the defendant said. "I'm sorry to my own family."In her closing argument at trial, defense attorney Mary Ellen Attridge told the jury that her client acted in self-defense and was not guilty even of voluntary or involuntary manslaughter.Attridge said Cravens, who is right-handed, punched Kauanui once with his left hand on May 24, 2007, when the victim got up from a one-on-one fight with Eric House, then screamed at Cravens from five inches away.The victim's girlfriend, Jennifer Grosso, testified that Kauanui had been losing the fight with House when Cravens walked up and hit him, causing Kauanui to fall and crack his skull on the pavement.Attridge said Kauanui and House had been kicked out of the nearby La Jolla Brew House bar following a drink-spilling incident, after which Kauanui had threatened to "kick House's ass."The attorney suggested Kauanui was in a "homicidal state of mind," and therefore Cravens' actions were reasonable under the circumstances.Attridge also contended that the prosecution failed to prove the fight represented a group beating on Kauanui by House, Cravens, Hank Hendricks, Orlando Osuna and Matthew Yanke.Attridge said outside court Monday that she would file an appeal by the end of the week. She said Cravens was remorseful and prepared for the worst. She said the sentencing was a "sad day.""I know Mr. Cravens did not intend to kill Mr. Kauanui," Attridge told reporters.House, Osuna, Hendricks and Yanke pleaded guilty to lesser charges stemming from Kauanui's death and were sentenced to time in jail.The defendants were charged with being part of a loosely-knit gang called the Bird Rock Bandits, but Einhorn ruled that not to be the case after a preliminary hearing last May.
Previous Stories:
- November 18, 2008: Man Found Guilty In Death Of Pro Surfer
- November 10, 2008: Pro Surfer Murder Case Now In Jury's Hands
- November 7, 2008: Closing Arguments Made In Surfer Death Trial
- November 6, 2008: Testimony Ends In Surfer Death Trial
- October 28, 2008: Neighbor Testifies In Surfer Death Trial
- October 21, 2008: Jury Selection Begins Slain Surfer Trial
- September 5, 2008: Four Men Sentenced For Role In Surfer's Death
- August 11, 2008: Judge Refuses To Toss Murder Charge In Surfer's Death
- May 22, 2008: Men Accused In Surfer's Death Ordered To Stand Trial
- May 14, 2008: Witness: Surfer Kicked, Sucker-Punched
- May 12, 2008: Officer: Woman Saw Men Beating Surfer
- May 12, 2008: Preliminary Hearing Continues For Men Involved In Surfer's Death
- September 14, 2007: Bail Reduced For One Man Accused In Surfer's Death
- September 10, 2007: College QB Accused In Surfer's Death Pleads Not Guilty
- September 4, 2007: Fifth Man Charged In Death Of Surfer
- August 29, 2007: Documents In Case Of Surfer's Death Reveal Gang, Nazi Symbols
- June 16, 2007: Parents Of Man Accused Of Beating Surfer Speak Out
- June 13, 2007: Bail Reduced For Man Accused In Beating Death Of Surfer
- June 7, 2007: Bail Reduced For Three Men Accused In Surfer's Death
- June 2, 2007: Man Accused Of Beating Surfer Checks Into Rehab Center
Copyright 2009 by City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The following are comments from our users. Opinions expressed are neither created nor endorsed by 10News.com. By posting a comment you agree to accept our Terms of Use. Comments are moderated by the community. To report an offensive or otherwise inappropriate comment, click the "Flag" link that appears beneath that comment. Comments that are flagged by a set number of users will be automatically removed.










