In July 2007, Weston Scott Kruger desperately wanted a porn magazine while in Newport Beach and he didn't want to pay for it.
When you're 6-foot-5 and 275 pounds like Kruger, you have a chance to get your way.
But even a moron knows that you are supposed to pay for items you remove from a store or risk trouble.
Yet, Kruger inexplicably picked up an adult magazine, stuffed it under his shirt and left a Newport Beach liquor store when the owner, Hao Huynh, told him to stop.
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Outside the store, Kruger turned a simple misdemeanor theft into a felony murder in a flash.
Before fleeing, he
knocked the much smaller Huynh to the ground, causing the Vietnamese immigrant to strike
his head on concrete and eventually die from a fractured skull and
massive bleeding.
During a 2010 jury trial, Kruger testified that
he had initially intended to steal the magazine but intended to return
it when Huynh approached him outside the store. He hadn't hidden it at
his home after the killing to thwart police but rather to keep his
girlfriend in the dark. She apparently did not approve of porno.
Not surprisingly, the jury found Kruger guilty of murder, Superior Court Judge W. Michael Hayes sentenced him to a term of 25 years to life in a California prison and the convicted killer appealed.
According
to Kruger's reasoning, he could only be convicted of murder if the theft of
the magazine had been a felony robbery. He maintained that he was
guilty only of a simple misdemeanor theft and, at worse, manslaughter. A
new trial should be ordered, he argued.
But a three-justice panel at a California Court of Appeal
based in Santa Ana this week determined that Kruger's trial was righteous and
that the simple theft became a felony robbery when the now 33-year-old defendant used
force to leave with the scene with the porno.
Causing a death–even if unintended–in the commission of a felony is murder in this state.
Case closed.
–R. Scott Moxley / OC Weekly
CNN-featured investigative reporter R. Scott Moxley has won Journalist of the Year honors at the Los Angeles Press Club; been named Distinguished Journalist of the Year by the LA Society of Professional Journalists; obtained one of the last exclusive prison interviews with Charles Manson disciple Susan Atkins; won inclusion in Jeffrey Toobin’s The Best American Crime Reporting for his coverage of a white supremacist’s senseless murder of a beloved Vietnamese refugee; launched multi-year probes that resulted in the FBI arrests and convictions of the top three ranking members of the Orange County Sheriff’s Department; and gained praise from New York Times Magazine writers for his “herculean job” exposing entrenched Southern California law enforcement corruption.
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