Dense Fog Advisory issued November 28 at 9:24PM PST expiring November 29 at 7:00AM PST in effect for: San Diego
A documented gang member accused of fatally shooting a female cousin of former Chargers linebacker Junior Seau must stand trial on a murder charge, a judge ruled Tuesday.Robert McIntosh is accused in the Nov. 12, 2002, slaying of 32-year-old Pearl Seau, who was gunned down in the garage of her apartment at 479 Vandegrift Blvd.Her fiance, Junior Malo, told police he and Seau were reviewing bills in the garage when a man in a dark hooded sweatshirt appeared at the door, Oceanside police Detective Kelly Deveney testified.According to Malo's account, the man shouted the name of his gang "and fired several rounds into the garage," Deveney said."Pearl Seau stood up, so he didn't realize she'd been shot initially," Deveney said. "She immediately collapsed, so he ran to get a phone and call 911."Malo recognized McIntosh and had seen him at least four times before, including at a liquor store earlier that day, the detective said.But under cross-examination, he conceded that he picked out a mug shot photo of someone else, though the person strongly resembled the defendant.McIntosh, 24, was taken into custody in Corpus Christi, Texas, on Aug. 23 of this year.After his arrest, he told Deveney that he had been "jumped" by several Samoan members of a rival gang the day of Seau's murder and was ordered to retaliate after meeting with members of his own gang, the detective testified.McIntosh told her he had not wanted revenge, but was given a handgun, Deveney said.The defendant said he was driven around to look for targets, then was directed to the Seau apartment because it was known as a gang hangout, according to the detective.She said the defendant told her he went to the garage, did not see anyone, then "held out his arm, turned his head and fired blindly."Seau died of two gunshot wounds to the back.Authorities said her death escalated a rivalry between predominantly black and Samoan gangs that has resulted in several fatal shootings in Oceanside in the past three years. Among the victims was her nephew, 16-year-old Rusty Seau.Neither Pearl nor Rusty Seau were documented gang members, but a number of relatives were, according to Deveney.Investigators received their first break in the Pearl Seau slaying in October 2003, when a gun recovered from a fatal shooting at Plaza Camino Real in Carlsbad turned out to be the weapon that killed her, the detective said.The defendant in that case, Jorgen Roberts, told police he received the gun from McIntosh, Deveney said.It took time to develop enough evidence to charge McIntosh, and then to find him in Texas, prosecutor Tom Manning said.