D.A. Takes Third Shot at Death Penalty in Murder of Capistrano Marine

Prosecutors are taking their third crack at persuading a jury to give the death penalty to the murderer of a San Juan Capistrano man who was slain at a Tustin Home Depot in 2007.

A jury will convene Thursday in Santa Ana to determine the sentence for Jason Russell Richardson, 40. He was convicted last year of murdering 40-year-old Tom Egan of San Juan Capistrano, who managed the Home Depot.

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Two previous juries were unable to reach a verdict regarding the death penalty on May 20, 2010, and April 15, 2011.

Richardson was found guilty in April 2010 of one felony count of special circumstances murder after he robbed and burglarized the home improvement store.

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On Feb. 9, 2007, dressed in a full-body painter's suit, gloves and a dust mask, Richardson entered the Home Depot store carrying a black bag. He approached Egan, pulled out a gun, and demanded all the cash kept in the store's safe, according to the District Attorney's office.

After Egan informed Richardson he did not have access to the safe, Richardson headed toward the store's front cash registers. Egan instructed nearby employees to call 911 and then followed Richardson to the front of the store, according to the D.A.

Richardson attempted to rob an employee at gunpoint and ignored Egan, who was trying to discourage him from harming or robbing anyone. Richardson then turned and shot Egan dead, stepped over his body, then pointed his firearm at another employee. He stole approximately $500 before fleeing the scene, according to the D.A.

Egan, a retired U.S. Marine sergeant, was a married father of young twin girls.