SJC Botched Jewelry Store Robbers Prison Sentence Upheld

SAN JUAN CAPISTRANO, CA — A decision was upheld in the botched San Juan Capistrano Jewelry Store robbery that ended up with two men dead. On Tuesday, the Court of Appeal of the State of California, Fourth Appellate District, Division Three affirmed a judgment of the Superior Court of Orange County by the Honorable Patrick Donahue for the “provocative act” murder conviction of 45-year-old Alan Keith Hunter and 47-year-old James Stephan Paschall.

Two of the defendants’ accomplices were shot to death by a jewelry store owner in a botched attempted robbery of the man’s store. Hunter and Paschall were each found guilty by a jury on April 9, 2015, of felony first degree murder and attempted second degree robbery, and were sentenced to 30 years to life in state prison on May 15, 2015.

The two men -- one who was a lookout and the other a getaway driver -- were sentenced in May of 2015 for 30 years to life in prison for their part in a botched jewelry store heist in San Juan Capistrano that led to the deaths of two members of their robbery crew.

Alan Keith Hunter and James Stephan Paschall were convicted April 9 of first-degree murder. The store owner fired the fatal shots, and the defendants were not in the store at the time, but they were prosecuted under the legal theory of “provocative murder” for igniting a chain of events that turned fatal.

Since both are convicted armed bank robbers, they could have faced much lengthier prison sentences, according to Senior Deputy District Attorney Scott Simmons. Paschall is a third striker and Hunter is a second-striker.

But Orange County Superior Court Judge Patrick Donahue noted the defendants -- who he praised for being “gentlemen” during the trial -- were not present for the shootings and did not do anything violent in their previous felonies to justify the maximum allowable sentence.

Both drove getaway vehicles on the day of the robbery, with Paschal behind the wheel of a stolen car that was dumped. Hunter acted as a lookout and picked up his cohorts in a rental car after the first getaway vehicle was abandoned, according to Simmons.

Hunter, 43, of Moreno Valley, and Paschall, 45, of Gardena, continued to insist they were innocent of murder, but they apologized to their families for getting into the legal predicament.

“This is killing my family,” Hunter told the judge, adding he is a “God-fearing man.”

Hunter pleaded for mercy.

“I just pray you can be as lenient as you can,” he told Donahue. “I apologize for bringing this case to your courtroom.”

Paschall admitted he made bad choices, but said he was not guilty of murder.

“I would like to apologize for the mistakes I made to everyone here,” Paschall said. “I am innocent of this charge ... But my associations with certain people put me in this situation ... To bring embarrassment on (my family) -- that’s what I regret the most.”

Paschall added, “I am sorry for all the people who lost their lives and were affected by this.”

Their cases involved a rare prosecution of the “provocative murder” theory of holding a defendant accountable for a killing if his or her actions spurred someone else to take deadly action, Simmons said.

The defendants’ attorneys argued their clients should not be held responsible for the fatal shootings because they did not take actions that escalated the violence.

Robert Earl Avery and Desmond Brown, both 39-year-old Los Angeles residents, were killed on June 24, 2011, at Monaco Jewelers, 33955 Doheny Park Road.

A third defendant, Eddie Clark Jr., 30, is expected to receive a plea deal as part of the resolution of his father’s case, Simmons said. Eddie Clark Sr., 53, testified for the prosecution, the prosecutor said.

Clark Jr. ran for the door after his two cohorts were gunned down, Simmons said.

Another co-defendant, George Anthony Boozer, 39, also accepted a plea deal and testified against Paschall and Hunter.

Boozer, who pleaded guilty on May 22, 2013, to assault with a semiautomatic firearm and five counts of attempted second-degree robbery, is expected to be sentenced to 12 years and four months in prison, Simmons said.

Clark Sr. pleaded guilty Dec. 12 to four counts of attempted second- degree robbery and assault with a semiautomatic firearm and is expected to be sentenced to 10 years in prison. His son is expected to receive the same deal, Simmons said.

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Photos, courtesy OCDA