Trial began Wednesday for a Huntington Beach resident whom prosecutors accuse of going on a “one-man crime spree” four years ago that included shooting at a Costa Mesa police officer and burglarizing two homes before giving up following a 40-minute standoff.
Korrell Santana Kybor Cole, 26, is charged with one count each of attempted murder of a peace officer, assault on a peace officer, grand theft and car theft, plus two counts of burglary. He also faces a sentencing enhancement allegation of committing a crime while out of custody in a separate case.
Deputy District Attorney Matthew Plunkett told jurors in his opening statement that the crimes unfolded over a couple of hours beginning around 11:30 a.m. Jan. 30, 2016, as Cole tried to elude police.
Cole’s attorney said he would try to show the jury that his client did not attempt to kill the police officer but was only trying to evade arrest. Cole was wanted on a warrant at the time, according to court records.
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According to Plunkett, Cole was driving a taxi that was struck by another vehicle at the 405 Freeway off-ramp at Harbor Boulevard. The accident was not his fault, but Cole walked away from the scene, the prosecutor said.
A Costa Mesa officer saw Cole walking with another man a short distance away and ordered them to stop, Plunkett said.
Cole was “uncooperative” until the officer threatened him with a stun gun, the prosecutor said.
Cole sat still for five seconds before running off, Plunkett said. The officer followed on a fence-jumping chase until he lost sight of the suspect, Plunkett said.
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Costa Mesa police Officer Anthony Reitz saw Cole near Pepper Tree Lane and Royal Palm Drive and yelled out of his squad car for Cole to stop, Plunkett said.
A woman who was parked in a vehicle nearby is expected to testify that she saw Cole pull out a Glock handgun and fire a shot in Reitz’s direction, the prosecutor said. The bullet ended up in a Ford Ranger, he said.
According to Plunkett, Cole then ran to neighboring residences on Royal Palm Drive. The first home was unoccupied at the time, but the residents returned shortly after, said Plunkett, who alleged the defendant grabbed a purse inside.
One of the residents confronted Cole, who said he was a police officer and assured the couple they were safe, Plunkett said. The residents suspected otherwise and ran away, Plunkett said.
The prosecutor alleged Cole then ran into an unoccupied home nearby and took 10 rings, watches, cash and keys to a BMW. He said Cole tried to flee in the BMW but was trapped almost immediately by officers.
After about 40 minutes of negotiating with police, Cole surrendered, Plunkett said.
Defense attorney Jeremy Goldman said his client did the wrong thing in walking away from the crash scene.
“He was not in Costa Mesa looking for trouble,” Goldman said. “He did not impersonate a police officer. ... But more importantly, he did not attempt to murder anyone.”
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Cole’s “one clear intent” was “to evade arrest,” Goldman told the jury. “You don’t have to like it or agree with it. He made a lot of mistakes that day. ... But your job is to decide what he’s responsible for and what he’s not responsible for.”
The shot was behind the officer’s squad car and “was basically ... to get their attention and let him go,” Goldman said. “He didn’t stop to fire more shots. ... If he wanted to kill Officer Reitz ... he had the opportunity. ... But he didn’t intend to kill Officer Reitz. He didn’t intend to kill anybody.”
Cole has a lengthy criminal history with pending cases dating to 2012, when he was charged with several counts of burglary as part of what Fullerton police characterized as a “ransack residential burglary” ring in Orange County.
He also faces pending cases of assault and battery and possession of a deadly weapon by a prisoner.
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