Prosecutors present evidence in California synagogue attack
SAN DIEGO (AP) - Prosecutors began presenting evidence Thursday to a judge who will decide whether a man should face trial on charges of opening fire in a Southern California synagogue on the last day of Passover, killing a woman and injuring three other people.
John T. Earnest, 20, has pleaded not guilty to murder, attempted murder and an unrelated arson charge at a mosque. The murder charge, classified as a hate crime, would make him eligible for the death penalty if convicted, but prosecutors have not said what punishment they will seek.
He entered court in a blue jail uniform and showed no facial expressions as the proceeding began.
Witnesses included a combat veteran who confronted the suspect ant a medical examiner who described the wounds of the woman who was killed.
The preliminary hearing is expected to last up to two days. Among evidence, San Diego County prosecutors have a recording of Earnest's call to an emergency dispatcher and his online posts.
Oscar Stewart, an Iraq combat veteran, testified that the gunfire on April 27 caused chaos in the congregation at the Chabad of Poway synagogue, but he moved toward the gunman and screamed in an effort to rattle the shooter, who dropped his rifle and fled.
"People were falling over each other. It was chaos," said Oscar Stewart. "I screamed (to everyone) 'Get down! Get out here,'" he said.
He said he saw Earnest in the lobby fire two rounds and then walked toward him.
"He was firing in front of me ... I was paying attention to the rifle," Stewart said.
As the gunman struggled to reload, Stewart said, he relied on combat training to yell at the assailant to try to rattle him.
"I told him I was going to kill him ... I screamed it out really loud. I kept screaming at him," Stewart said before the suspect dropped the rifle and fled.
The San Diego college student called 911 as he sped away, saying, "I just shot up a synagogue," according to an affidavit filed in a separate case against him in federal court. He told the dispatcher he thought he killed some people and that he did it "because Jewish people are destroying the white race."
Earnest told the dispatcher where he was, that he would surrender to authorities and leave his semi-automatic rifle in the car. Police arrested him without a struggle.
Earnest had tried weeks earlier to burn down a mosque in Escondido, where seven people on a spiritual retreat were sleeping, according to the affidavit. They awoke to flames and managed to extinguish the fire.
Outside the mosque, the suspect had allegedly scrawled the name of the man accused of carrying out shootings at two mosques in New Zealand that killed 51 people earlier this year.
Authorities said Earnest frequented dark corners of the web that often post extremist, racist and violent views. In one posting, he said, "As an individual, I can only kill so many Jews."
The day before the synagogue shooting, Earnest bought a Smith & Wesson AR-15 rifle from a San Diego gun shop, according to federal charges. Officials have said he bought the gun legally.
Dr. Steven Campman, the San Diego County chief deputy medical examiner, earlier testified about the autopsy of Lori Gilbert-Kaye, 60, who was struck and killed by two shots from a rifle.