Murder trial set for local man, 29

A Newport Beach man accused of shoving a liquor store owner so hard that he sent him sprawling to his death will stand trial for murder, a Santa Ana Court judge ruled Friday.

Weston Scott Kruger, 29, is accused of killing Sportsman Liquor Store owner Hao “Tony” Quang Huynh on July 28, 2007, after prosecutors say Huynh confronted him outside of the store about stealing a pornographic magazine.

Prosecutors presented their case to Judge Kimberly Menninger to put Kruger on trial Friday.

When Det. Joseph Cartwright arrived at the store that July evening, the area had been cordoned off with police tape, and Huynh had been taken to Hoag Memorial Hospital Presbyterian. A pool of blood sat where Huynh’s head struck the ground. Huynh died from his injuries the next day. Cartwright testified in the preliminary hearing that Huynh had a 4- to 5-inch crack in the back of his head.

Kruger, a former Newport Harbor High School football player, walked over to the liquor store from Cassidy’s Bar and Grill to buy some cigarettes, Cartwright said. He testified Kruger told him he had no money and had to borrow $5 from a friend.

Kruger gave Huynh the money for the cigarettes and walked over to the magazine section and put a pornographic “Fox” magazine in his shorts while Huynh grabbed the cigarettes, Cartwright testified Kruger said during an interview.

Cartwright told the judge an interview with Alec Cattarin, a witness inside the store, revealed that Huynh noticed the magazine sticking out of Kruger’s shorts and Huynh confronted him about it. Kruger threw something at Huynh and left, Cartwright testified.

Kruger explained later that he was on probation and didn’t want the police involved, Cartwright testified.

A second witness told police he saw Huynh chase Kruger outside with a phone in one hand and the cigarettes in the other yelling something to the effect of “stop that guy,” Cartwright testified.

Then Kruger turned around and bull rushed, or pushed Huynh hard to the ground, Cartwright testified witnesses said.

Kruger is about 6-foot-5 and between 270 and 280 pounds. Huynh was 5-foot-3 and about 110 pounds.

Cartwright testified that Kruger told him that after he pushed Huynh, he ran away. Kruger took off his shirt and hung out at the beach near 26th street watching out for police and lifeguards, Cartwright told the judge. He later called his girlfriend to pick him up near 38th Street, Cartwright said.

Kruger could face the death penalty or life without parole if he is convicted of murder in the commission of a robbery under state special circumstances laws, prosecutors said. Prosecutors have not decided yet whether to seek the death penalty.

The trial is scheduled to begin July 9 but will likely be delayed, said Senior Deputy Dist. Atty. Matt Murphy. Kruger also faces charges of armed robbery, burglary and corporal injury against his girlfriend in unrelated cases.

JOSEPH SERNA may be reached at (714) 966-4619 or at joseph.serna@latimes.com.