Suspect says he was misled

A retired Newport Beach couple were cordial in November 2004 when they showed two men, now accused of killing them, pictures of their family and newborn grandchild while they showed off the 55-foot boat they were looking to sell, one of the accused killers testified Wednesday.

In testimony that brought some audience members to tears and attracted several Newport Beach detectives involved in the case into the courtroom, Alonso Machain, 25, of Pico Rivera, walked jurors and Hawks relatives step-by-step through the plot and slaying of Tom and Jackie Hawks, who only wanted to sell their boat, “Well Deserved,” so they could spend time with their new grandchild in Arizona.

Machain testified Wednesday in the trial of Skylar Deleon, 29, who prosecutors say was the mastermind of the scheme. Prosecutors say Deleon and two other men took the Hawkses out to sea under the guise of wanting to buy their boat, forced them to sign over their property and finances, then strapped them to an anchor and pushed them overboard. They were never seen again.

Prosecutors are seeking the death penalty for Deleon and took the option off the table for Machain in exchange for his testimony. Deleon is also on trial for killing another man in 2003. Prosecutors argue Deleon and his wife, Jennifer, were in massive debt and were killing for money.

Jennifer, now Deleon’s ex-wife, was convicted last year and was sentenced to life without parole.

For Machain, he testified it all started when Deleon approached him in October 2004 and asked him, “Would you be interested in making money?”

He did, so Deleon proceeded to sell Machain on this scenario: Deleon was a hit man contacted by a Mexican drug cartel, and he was occasionally approached to “take care of” bad people.

All Deleon needed to do was subdue the Hawkses on their boat out at sea and hand them off to another boat that would be waiting. Then, Deleon and whoever helped him would get paid, each upward of $1 million.

Machain testified he realized at least the part about the Hawkses being “bad people” wasn’t true the moment he met them Nov. 6, 2004.

Tom and Jackie Hawks were friendly, talked about their family and even showed pictures of their newborn grandchild they couldn’t wait to see in Arizona, Machain testified. The two men were supposed to kill the couple that day, armed with stun guns and handcuffs to subdue them, but Tom Hawks was a big man, prosecutors said.

Machain testified that this is how the plot, up through the Hawkses’ deaths, progressed from there:

Unable to overpower the couple with just he and Machain, Deleon contacted a Long Beach gang member he knew to find a third accomplice.

On Nov. 15, the day the Hawkses were last seen alive, Deleon and Machain met John Kennedy, also accused of killing the couple, in Long Beach. Kennedy was a replacement after the first man backed out, prosecutors said.

The three met the Hawkses at their boat in Newport Beach to close the sale, where Kennedy, more than 6-feet tall and about 240 pounds, was introduced as Deleon’s accountant. Together, the five headed out to sea, with Jackie Hawks making small talk with Machain and Tom Hawks in the master bedroom with Deleon and Kennedy.

In the midst of their conversation, Jackie Hawks heard something and asked, “What’s going on?” and peeked through the doorway, where she saw her bloodied husband kneeling and in a headlock from Kennedy. Deleon was kicking Hawks in the chest.

“That’s when I realized something was happening and it was time to act,” Machain said.

He pulled out his stun gun and tried to subdue Jackie Hawks, but she resisted and he tackled her to the ground and handcuffed her, he testified.

The men put the couple in the bedroom back to back, their eyes and mouths duct taped. The tape only muffled Jackie Hawks when she said, “Why are you doing this? I don’t want to die. I have a grandchild.”

Prosecutors said Jackie Hawks was in a car accident in her 20s and was unable to bear children. Her grandchild was her first opportunity to help raise one.

Machain continued: With Jackie uncontrollably shaking and sobbing, Tom did his best to soothe her by stroking her hand and telling her it would all be OK. But it wouldn’t. Deleon and Kennedy were on the deck moving the boat’s 66-pound anchor to the rear. With that done, the men forced the Hawks to sign over their boat and power of attorney to Deleon, then led them upstairs to the anchor.

Tom Hawks made one last move, kicking Deleon in the groin from behind, knocking him down. The couple were then tied together, Tom with his chest against Jackie’s back, and roped to the anchor. Then, Machain said solemnly, “They were yanked into the ocean.”

Machain expressed regret during cross-examination that he didn’t do something, but did not specify what he would have done differently. With that, Senior Dist. Atty. Matt Murphy rested his case. The case will likely be handed over to jurors today.

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