SANTA ANA : Robber Convicted in Motorist’s Death

A bank robber whose van struck and killed a motorist in Huntington Beach shortly after a 1992 holdup was convicted Thursday of second-degree murder.

Matua Mongo Rushing, 23, of Los Angeles also was found guilty in Orange County Superior Court of burglary and robbery with use of a gun in connection with the Nov. 12, 1992, heist. He faces a possible combined state prison term of about 30 years to life.

Rushing took $700 from Guardian Savings and Loan in Huntington Beach and, after waving a gun at a guard, was speeding away when his vehicle collided with one driven by David M. Hungerford, a 57-year-old Tustin resident who was on his way to work.

Prosecutors had sought a conviction of first-degree murder with a special circumstance that the death occurred during a robbery, which would carry a life sentence without possibility of parole.

But the jury foreman said jurors viewed the fatal crash as a separate incident in opting for the lesser murder charge, which carries a sentence of 15 years to life.

“I think justice was done,” said the prosecutor, Deputy Dist. Atty. Patrick Donahue. “I think the jury worked hard.”

Several of Rushing’s relatives appeared stunned outside the courtroom after the verdict Thursday morning. The jury reached its decision late Wednesday after deliberating all day, but it was too late to call a court session to announce the verdict.

“It’s hard,” said Ellen Smith, Rushing’s grandmother. She said family members were hoping that the jury would settle on a lesser charge of vehicular manslaughter, which carries a maximum six-year prison term.

“It’s a tough case, and obviously it’s very tough on him and his family,” said Rushing’s defense lawyer, Deputy Public Defender Dan Bates.

Prosecutors said that after the robbery in the 17000 block of Beach Boulevard, Rushing made his way to Springdale Street and reached speeds of 100 m.p.h. as police closed in. Rushing’s van, which was traveling on the wrong side of the street, struck Hungerford’s car, which was turning at McFadden Avenue. The van also careened into a truck, injuring two others.

Before trial, Rushing pleaded guilty to a previous bank robbery in Huntington Beach. Donahue said that count will be included when Rushing is sentenced June 16 by Superior Court Judge Kathleen E. O’Leary.