Man testifies against co-conspirators in killing of Ontario prostitute
RANCHO CUCAMONGA -- Wearing green jail clothing for inmates in protective custody, one of three men connected to a prostitute's killing took the witness stand today to testify against his alleged co-conspirators.
Though he's been "toe-tagged" -- or marked for death by his gang -- for cooperating with authorities, in two days on the witness stand Donald Ray Walker detailed the December robbery that ended in the shooting death of Kimberly Michelle Sum, 41.
Matthew James McClane, 27, and Larry Darnell Shyne, 30, both face murder charges and life prison sentences for Sum's killing at an Ontario hotel.
Their preliminary hearing, which began Thursday, is set to resume Wednesday afternoon in West Valley Superior Court. Both men remained jailed today in lieu of $1.5 million bail.
Walker, who confessed when he was arrested in March, accepted a plea bargain from prosecutors last week for 17 years in state prison. As part of the plea bargain, Walker, 22, must testify against McClane and Shyne.
Shyne, Sum's former pimp, is accused of orchestrating the robbery to benefit financially, and to frighten Sum into returning to him for protection.
Shyne, of Pomona, enlisted Walker, his cousin from South Los Angeles, and McClane, an alleged gang associate of Walker's, to assist him in the robbery, Walker testified today.
The evening of Dec. 20, Shyne picked up Walker and McClane in his burgundy Cadillac, and the group traveled together to the Hotel Indigo, a newly opened boutique hotel just northwest of Haven Avenue and the 10 Freeway.
While Shyne waited in the car, Walker and McClane went to Sum's hotel room to rob her. Walker testified that he was surprised to see that McClane brought a pistol with him.
After less than two minutes in Sum's room, McClane shot and killed Sum. Walker testified that McClane told him the shooting was accidental.
When Shyne learned of the shooting, "he was upset," Walker testified. "Nobody expected that to happen."
Walker testified that he and McClane were unable to find money or any valuables in Sum's room.
Using surveillance footage from the hotel, Ontario police were able to identify Walker and McClane as the two men pictured, according to police reports.
During initial interviews with police after his March 12 arrest, Walker denied any involvement in the shooting.
But during the interrogation, Walker learned that his girlfriend had been arrested after police found marijuana during a search of her home, Walker testified.
A detective told Walker that the woman would be released if he told the truth about the incident, and Walker then opted to tell the truth, Walker testified.
Walker said he accepted the plea bargain from prosecutors last week because he didn't want to spend the rest of his life in prison for murder.
"I thought I'd do my time for the robbery," Walker said. "I didn't know about this other stuff. It's overwhelming."
Walker's testimony against his co-defendants was videotaped in court today and last week.
The recording was made to preserve his testimony, said Deputy District Attorney Carolyn Youngberg.
In their cross examination of Walker, defense attorneys for Shyne and McClane repeatedly questioned Walker's motive for testifying his alleged co-conspirators.
Shyne's defense attorney, David Call, asked Walker whether he was testifying to secure a prison sentence of "only 17 years" rather than life.
"You said 'only 17 years' like that's short," Walker responded.
Under questioning from Youngberg, Walker said he didn't want to return from protective custody in West Valley Detention Center to a "general population" section of the Rancho Cucamonga jail where he might come into contact with members of his gang.
"That's because you have a toe tag on you?" Youngberg asked.
"Correct," Walker responded.
Shyne and McClane have not been offered plea bargains, Youngberg said.
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