The lawyers representing four men accused of attempting to rob at Monaco Jewelers in a botched heist that left two dead last year unsuccessfully asked a judge to dismiss the case Friday.
A jury trial is now set for March 4.
Francisco P. Briseno denied the motion to dismiss the case brought by attorneys representing Alan Keith Hunter, 35 of Moreno Valley, James Stephan Paschall, 35, of Gardena and a father-son duo in Eddie Allan Clark, 27 and Eddie Allen Clark, Sr.
In March, defense attorneys representing two of the foursome told Patch they would not be seeking a plea agreement, preferring to take their chances at trial. They said the prosecution is actually trying the wrong guys in a case of mistaken identity.
According to the Orange County District Attorney’s office, seven men drove to San Juan Capistrano June 24, 2011 with the intention of robbing the jewelry store near the Costco on Doheny Park Road.
Five left alive.
After being held at gunpoint, two Monaco employees shot and killed two of the suspects, according to accounts previously released by law enforcement officials.
The fifth suspect that survived the day’s events, George Anthony Boozer, 39, of Moreno Valley, is being tried separately.
Investigators believe Robert Earl Avery, 39, was buzzed into the store first, then pushed his pistol in the stomach of the store's manager. Another employee armed himself with a handgun and fired at Avery, who fell to the floor at the rear of the jewelry store.
Then Desmond Brown, 39, and the younger Clark reportedly entered the store to help Avery, at which time the armed employee fired at Brown, striking him in the upper torso, authorities have said. When Brown continued forward, despite being wounded, another store employee grabbed a handgun and fired at him. He fell to the showroom floor.
Clark then allegedly fled and got into a stolen get-away car driven by Paschall, authorities have said.