CNS reporter Paul Anderson is reporting that a 48-year-old Lakewood man accused of killing a man in a dispute over a beer at a Cypress bar is being tried on a charge of involuntary manslaughter at the Santa Ana Superior Court.
While the prosecutor dubbed the case one of manslaughter Thursday, defendant Richard Lee Thompson's attorney said it was a case of self-defense.
Thompson is charged in the death of 44-year-old Steven Toole, who was struck in the head with a pool cue on St. Patrick's Day in 2008.
"The only issue in this case for you to decide is can you take a baseball-bat swing
at someone with a pool stick and kill them just because they pushed you," Deputy
District Attorney Jason Baez told jurors in his opening statement Thursday.
But Deputy Public Defender Mark Brown said Thompson acted in self- defense that day
at Breaker's Bar in Cypress.
"This case is about three things -- ambush, a split-second decision and a tragic
result," Brown said.
The two men were drinking and playing pool at Breakers on March 17, 2008, when they got into a dispute about 3:50 p.m. over a beer Thompson ordered for a friend he beat in pool, but which was mistakenly sent to Toole.
Bartender Cindy Hoth testified that Toole refused the beer, angering Thompson, who "got in his face" asking why he wouldn't accept the beer.
Thompson had gotten off work early that day and was feeling so good about the rare defeat of his pool partner that he ordered beers for several people, including his vanquished opponent, Brown said.
Hoth, though, mistakenly gave the beer to Toole, and he shoved it back at her, Brown
said.
Thompson was "befuddled" by Toole's response and tried to smooth things over, insisting Toole accept the beer and even trying to shake his hand as he introduced himself, Brown said.
But Toole said, "I know who the (expletive) you are," and shoved him hard enough that
Thompson stumbled and fell down, Brown said.
What happened next is in dispute.
Baez said Thompson "overreacted," grabbed a pool stick, got up and stomped over to Toole and slammed the thick end of the pool stick into the back of his head in a "full-on baseball swing."
The blow, though it did not break the skin or cut Toole, was enough to bruise his brain, causing swelling and bleeding that killed him, Brown said.
Thompson jumped on top of Toole, who was motionless, and was apparently about to punch him when other bar patrons pulled him off, Hoth and Baez said.
Thompson quickly left the bar with his girlfriend, and Cypress police saw him later excitedly telling her about the brawl while making a mock baseball swing, the prosecutor said.
"You can't hit someone in the head with a deadly weapon just because they shoved you," Baez told the jury.
Toole, who never regained consciousness, was pronounced dead the following day at a
hospital.
Brown said Toole ambushed Thompson because even though the two men had never met
before, Toole supposedly harbored some sort of grudge against Thompson.
Toole called a friend right before the fight and left him a message saying, "Hey, Bob, this is Steve. I'm at the bar and (expletive) is here," apparently referring to Thompson, Brown said.
"Come down and meet me for a drink and we can corral him," the message continued, Brown said.
The call was to Bobby White, who is the brother of Thompson's girlfriend, Ann Marie White, Brown said.
"This tragic result was caused by the actions of Mr. Toole, and Mr. Thompson's split-second decision to protect himself," Brown said
While the prosecutor dubbed the case one of manslaughter Thursday, defendant Richard Lee Thompson's attorney said it was a case of self-defense.
Thompson is charged in the death of 44-year-old Steven Toole, who was struck in the head with a pool cue on St. Patrick's Day in 2008.
"The only issue in this case for you to decide is can you take a baseball-bat swing
at someone with a pool stick and kill them just because they pushed you," Deputy
District Attorney Jason Baez told jurors in his opening statement Thursday.
But Deputy Public Defender Mark Brown said Thompson acted in self- defense that day
at Breaker's Bar in Cypress.
"This case is about three things -- ambush, a split-second decision and a tragic
result," Brown said.
The two men were drinking and playing pool at Breakers on March 17, 2008, when they got into a dispute about 3:50 p.m. over a beer Thompson ordered for a friend he beat in pool, but which was mistakenly sent to Toole.
Bartender Cindy Hoth testified that Toole refused the beer, angering Thompson, who "got in his face" asking why he wouldn't accept the beer.
Thompson had gotten off work early that day and was feeling so good about the rare defeat of his pool partner that he ordered beers for several people, including his vanquished opponent, Brown said.
Hoth, though, mistakenly gave the beer to Toole, and he shoved it back at her, Brown
said.
Thompson was "befuddled" by Toole's response and tried to smooth things over, insisting Toole accept the beer and even trying to shake his hand as he introduced himself, Brown said.
But Toole said, "I know who the (expletive) you are," and shoved him hard enough that
Thompson stumbled and fell down, Brown said.
What happened next is in dispute.
Baez said Thompson "overreacted," grabbed a pool stick, got up and stomped over to Toole and slammed the thick end of the pool stick into the back of his head in a "full-on baseball swing."
The blow, though it did not break the skin or cut Toole, was enough to bruise his brain, causing swelling and bleeding that killed him, Brown said.
Thompson jumped on top of Toole, who was motionless, and was apparently about to punch him when other bar patrons pulled him off, Hoth and Baez said.
Thompson quickly left the bar with his girlfriend, and Cypress police saw him later excitedly telling her about the brawl while making a mock baseball swing, the prosecutor said.
"You can't hit someone in the head with a deadly weapon just because they shoved you," Baez told the jury.
Toole, who never regained consciousness, was pronounced dead the following day at a
hospital.
Brown said Toole ambushed Thompson because even though the two men had never met
before, Toole supposedly harbored some sort of grudge against Thompson.
Toole called a friend right before the fight and left him a message saying, "Hey, Bob, this is Steve. I'm at the bar and (expletive) is here," apparently referring to Thompson, Brown said.
"Come down and meet me for a drink and we can corral him," the message continued, Brown said.
The call was to Bobby White, who is the brother of Thompson's girlfriend, Ann Marie White, Brown said.
"This tragic result was caused by the actions of Mr. Toole, and Mr. Thompson's split-second decision to protect himself," Brown said
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