Attorneys give closing arguments in trial for prostitute's slaying

RANCHO CUCAMONGA -- The attorney for a man on trial for a prostitute's killing doesn't contest prosecutors' allegations that his client is a pimp.

Though Larry Shyne is "a leech" -- in the words of his attorney -- he was not involved in the robbery attempt that ended in the prostitute's shooting death, attorney David Call told a jury.

"He's not on trial for being a pimp," Call said.

Call and Deputy District Attorney Carolyn Youngberg delivered closing arguments today in the West Valley Superior Court trial of two Pomona men charged with murdering Kimberly Michelle Sum.

Closing arguments are expected to be completed Thursday. When they are finished, a jury of 10 women and two men will begin deliberating.

Sum, 41, was shot and killed on Dec. 19, 2008 at the Hotel Indigo in Ontario during a botched robbery that prosecutors allege was orchestrated by Shyne, 31, her alleged former pimp.

He and Matthew James McClane, 29, are charged with murder, attempted robbery and burglary in connection with Sum's killing.

Prosecutors accuse McClane and Donald Ray Walker of going to Sum's hotel room to rob her. During the robbery, McClane shot and killed Sum, according to Walker's testimony during the trial.

Walker, 23, testified against Shyne and McClane as part of a plea agreement with prosecutors that carries a 17-year prison sentence.

Youngberg told jurors that she doesn't believe Shyne planned for Sum to be killed during the robbery.

But he's guilty of murder, she said, because of the "felony murder rule," which holds all defendants responsible for an unplanned killing that occurs during a felony crime.

"Accidents, negligence, 'I didn't mean to do it,' doesn't meaning anything to a victim who is shot in the face," Youngberg said.

At the time of Sum's death, she had severed her working relationship with Shyne, who at one time was her pimp, Youngberg said.

Shyne enlisted his cousin, Walker, as well as McClane, Walker's alleged gang associate, to carry out Sum's robbery. He told them to rob Sum after entering her room under the guise of a "date," Youngberg said.

Shyne wanted Sum's cell phones and laptop, and he told Walker and McClane to keep any money and jewelry in her hotel room, Youngberg said.

"Nobody would know about Ms. Sum if not for the information Mr. Shyne was providing," Youngberg said.

Much of the prosecution's case against Shyne and McClane comes from information provided to police by Walker.

In his closing argument, Call attacked Walker's credibility, telling jurors that he lied about the incident hoping for favorable treatment from authorities.

"He was facing life, and he survived," Call said. "He's going to get out here after 17 years."

Call said he believes Walker shot and killed Sum. He said he believes Walker crafted his story to police based on information and assumptions contained in detectives' questions.

"He feeds back to the cops what the cops have fed to him," Call said.