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Man Found Guilty In Death Of Pro Surfer
POSTED: 5:35 am PST November 18,
2008
UPDATED: 5:16 pm PST November 18,
2008
SAN DIEGO -- A 22-year-old man who punched a professional surfer once in the head during a fight in La Jolla, resulting in his death four days later, was found guilty Tuesday of second-degree murder.Seth Cravens was convicted on the jury's sixth day of deliberations. The panel had indicated Monday it was deadlocked 11-1, but the stalemate was broken after several additional hours of discussion.Cravens was also convicted of four counts of assault, and one count each of battery and making a criminal threat in connection with violent incidents dating back to 2005 that were unrelated to Emery Kauanui's May 24, 2007, death.
Jurors acquitted Cravens of two counts of assault and one count of battery.The jury foreman, who did not give his name, emerged from the courtroom to read a short statement from the panel."We, the members of the jury, are proud of the job we did. We spent six intense days deliberating and were able to reach a unanimous decision on all counts."Deputy District Attorney Sophia Roach said Cravens faces a maximum sentence of 25 years to life in state prison when sentenced on Jan. 12.Defense attorney Mary Ellen Attridge told Judge John Einhorn that an appeal will be filed.She and members of Cravens' family left the courthouse without comment, but Roach made a brief statement to reporters."These verdicts send a strong message to the community that brutality will not be tolerated," the prosecutor said. "Any deficiency in these verdicts is simply that they will never replace the life that has been taken. Emery Kauanui's family will live with this sadness forever."Jurors on Friday asked for a read-back of testimony from Kauanui's girlfriend, Jennifer Grosso, who was at the scene when the 24-year-old surfer was knocked out by Craven's single punch, fell backward and hit his head on the pavement.In her closing argument, the defendant's attorney told the jury that Cravens acted in self-defense. She said her client wasn't guilty of voluntary or involuntary manslaughter.Attridge said Cravens, who is right-handed, punched Kauanui once with his left hand when the victim got up from a one-on-one fight with Eric House, then screamed at Cravens from five inches away.Grosso testified that Kauanui had been losing the fight with House when Cravens walked up and hit him, causing Kauanui to fall "like the lights went out."Grosso said she heard her boyfriend's skull crack on the ground and thought he was dead on the scene.Attridge said Kauanui and House had been kicked out of the nearby La Jolla Brew House bar following a drink-spilling incident, after which Kauanui had threatened to kick House's "ass."The attorney suggested Kauanui was in a "homicidal state of mind," and therefore Cravens' actions were reasonable under the circumstances.She said the prosecution failed to show that Cravens acted with a conscious disregard for human life and that he had the right to use the amount of force necessary to help House, who just had the "tar" beaten out of him by Kauanui.The attorney also contended that Roach failed to prove the fight represented a group beating on Kauanui by House, Cravens, Hank Hendricks, Orlando Osuna and Matthew Yanke.House, 21; Osuna, 23; Hendricks, 22; and Yanke, 22; pleaded guilty to lesser charges stemming from Kauanui's death and were sentenced to time in local custody.

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