Judge To Rule On Murder Charge Against Alleged Assailant In WeHo Standoff
LOS ANGELES (CBSLA.com) — A judge is expected to rule Monday whether there is enough evidence to allow a murder charge to proceed against a Southland man accused of holding three men at knifepoint inside a West Hollywood apartment.
Last month, Judge Leslie Brown was still unsure whether murder was the appropriate charge against Alexander McDonald, 28, in the killing of a victim by Los Angeles County Sheriff's deputies who mistakenly believed the victim was the assailant.
Deputies mistakenly shot and killed John Winkler on April 7 as he tried to run from McDonald during a knife attack inside a West Hollywood apartment.
The court says it's not sure if the defendant should be tried for murder. The judge is now taking the case under advisement.
Winkler's attorney spoke for the heartbroken family last month.
"The blame lies with the Sheriff's Department. The Sheriff's Department is the one that shot him and killed him," family attorney Sim Osborn said.
During the preliminary hearing in McDonald's case, his roommate testified the suspect had entered his apartment through a patio door before pulling out a knife.
"Alex said if we move, he would kill Chris," the roommate said.
Chris was a friend who was visiting the apartment with Winkler that day.
Sheriff's deputies arrived just moments later after getting calls about McDonald running through the complex with a knife.
McDonald's roommate testified the suspect stabbed his friend Chris before stabbing the roommate in the neck.
The roommate tried to run out of the apartment, but when he got through the door, deputies shot him.
His friend Winkler ran behind him, and deputies shot and killed him.
"We are finding mistakes it looks like in training. Mistakes in execution," Osborn said.
A Sheriff's Department sergeant testified the mistake happened because the suspect's description was similar to Winkler's, saying in court: "Immediately after that, a man with a black shirt came out with what appeared to be a stabbing motion."
The sergeant also said deputies were confused because Winkler ran toward them.
But McDonald's roommate testified he told deputies after he was shot that the suspect was shirtless.
Another witness testified she showed deputies pictures of the suspect prior to the case of mistaken identity that cost Winkler his life.