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| Mob beating suspects plead not guilty |
Clark Merrefield
2008-07-10 |
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Four suspects in the late-June group beating of Bolinas resident Ricky Green pled not guilty to attempted murder in the past week, and two more suspects were arrested on Monday.
Twenty-one-year-old Suraya Jaimee Khalil was charged with attempted murder and destroying or concealing evidence, and 17-year-old Tyrone Cree Brendal was also charged with attempted murder, according to Marin County Detective Greg Garrett. Both are from Bolinas.
"We believe we have most of the people involved in the actual assault," Garrett said, though he did not rule out making more arrests.
Meanwhile, Green has returned to Bolinas, where he is recovering from a skull fracture and puncture wounds to his legs, ribs and abdomen.
"He loves it there and I cannot get him to leave," said his mother, Gloria Green.
The mob mentality that emerged during the fight appears to stem in part from the suspects' misconception of the Bolinas Border Patrol, a loosely-knit Bolinas pride group founded three decades ago. A search warrant executed at Khalil's home found several items inscribed with the letters BBP, for Bolinas Border Patrol, Garrett said.
While authorities continue the investigation, details of the fight itself are emerging, primarily from an affidavit written by Deputy District Attorney Linda Witong and other court records.
At about 11 p.m. on June 23, Ryan Lorne, Thoren Manetta, Lamont Elkins Jr. and Stefen Do were hanging out in front of Smiley's Saloon when they were told that Green had challenged them to a fight. As the group walked along Brighton Avenue toward the beach, Green allegedly approached them with outstretched arms and asked, "Who wants a piece of Ricky?" Manetta and Elkins then threw bottles at him, missing with each volley, before both young men charged at Green, who threw them to the ground using their own momentum.
Manetta got up and threw a punch as Elkins started hitting Green in the head with a skateboard. He sustained five blows before going down.
The group egged the fight on as Manetta kicked, punched and jumped on Green and Elkins hit him with the skateboard. Do joined the melee and Green grabbed his leg, pulling him to the ground. Do allegedly stabbed Ricky two or three times in the leg with a 6-inch folding knife before being lifted up by others in the group.
After regaining his footing, Green suffered ten more blows to the head with the skateboard before he fell again. Manetta, Elkins and an unidentified 38-year-old continued to kick the motionless Green as Lorne jumped high into the air and came down on him with a black metal flashlight.
Toward the end of the one-way brawl a voice of sanity arose from Do's friend, Zach Miller.
"Stop hitting him with the skateboard," Miller said, according to the affidavit. "You're gonna kill him! Stop!"
Green was found semi-conscious and soaked in blood by Deputy Charles Thompson near an ivy-covered fence on Brighton Avenue. Thompson asked if he could identify his assailants and Green, unable to speak clearly, "feebly held up four fingers," the affidavit states.
Now, nearly three weeks after the fight, the six suspects face years in prison—but the burden of proof for attempted murder is heavy.
"In addition to the acts that cause harm you've got to prove that they intended to end life," said Berkeley criminal law professor Franklin Zimring.
As with any criminal case, the outcome of the charges in the Green beating is contingent on the available facts, and how they are presented.
"It depends on the evidence and the quality of the evidence—how clearly the state can establish the intent of the defendant and what sort of acts were done in preparation for the alleged attempted murder," said Charles Weisselberg of the Berkeley Center for Criminal Justice, speaking generally.
Attorneys for the suspects maintain that the evidence does not support attempted murder charges. They say the state is grossly overconfident that it will be able to show the suspects intended to kill Green.
"I think that for political motives the district attorney has chosen to file a far more serious charge than could ever be proven," said Jon Rankin, who represents Lorne. He added that he believes lesser charges such as assault and battery will eventually be brought. For now, it appears the defense attorneys will use the state's charges as part of their strategy.
"One thing that I feel very strongly about is, this is not an attempted murder case," Manetta's attorney Robert Casper said before the two most recent arrests. "There's no evidence whatsoever that any of the four intended to kill Mr. Green."
For the prosecution, however, the attempted murder charges are based on one undeniable fact.
"We have a victim who was nearly killed," said Chief Deputy District Attorney Kathryn Mitchell, who would not comment further.
A preliminary hearing for Lorne, Manetta, Elkins and Do will be held on August 13.
Last Thursday morning, Lorne, 23, Manetta, 21, and Do, 16, pled not guilty to all charges at Marin County Superior Court. Do wore an orange prison uniform resembling operation room scrubs and sat slumped in a blue cushioned chair behind his attorney, Mary Stearns.
His hands lay handcuffed across his lap and his eyes darted about.
Across the courtroom, Manetta, his head topped with tousled brown hair, sat next to a smooth-faced Lorne. Flanked by Casper and Rankin, Manetta and Lorne wore light blue prison uniforms and did not speak or acknowledge one another. They answered "Yes, Sir" and "No, Sir" to occasional questions from Judge Paul M. Haakenson, and ignored the spectators scattered throughout the gallery, most of whom were there to observe other cases.
After bail reduction requests were denied by Judge Haakenson, the three defendants shuffled out of the courtroom, escorted by court officers.
Elkins, 19, has also pled not guilty. In court on Tuesday morning for a bail hearing, Elkins' wrists were cuffed and he wore a bright red prison uniform. He smiled broadly toward the back of the gallery at eight or so friends as he was brought in by bailiffs. Gloria Green and her fiancée, Gary Hogge, sat in silence at the opposite end.
After speaking for several seconds with attorney Carl Gonser, Elkins, a thin black man with sparse facial hair on his upper lip and chin, appeared to mouth "I love you guys" toward his friends. His shoulders turned toward them as he blew a kiss.
Gloria Green burst into tears.
"Face the court," the nearest bailiff told Elkins.
"I cannot believe this young man is there with a smile on his face," Gloria Green later said as she stood in the hall outside the courtroom, her eyes welling with tears. Hogge stiffened his jaw and touched her arm in consolation.
"The kid's laughing in the court," Hogge said. "I get so frustrated with these youngsters."
Gloria Green shook her head and said she wants to see justice done. She nodded, wiped a tear, and said it again: she wants to see justice done. In the meantime, Ricky Green seems to be searching for a silver lining.
"Even still, my son takes a peaceful stance on this," his mother said. "He says he feels sorry for them and hopes they get the help they need."
A fundraiser for Ricky Green will be held at 6 p.m. on Saturday, July 12, at 7321 Panoramic Highway in Bolinas. The suggested donation is $20.
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