By Stephen Oduntan
Contributing Writer
LOS ANGELES — Prosecutors will ask a judge next month to increase bail for two of the four men charged in the fatal stabbing of Berry Le’Mar Henderson, saying the request follows their review of the completed homicide investigation and autopsy findings.
Los Angeles Superior Court Judge Michael D. Weinstein June 24 scheduled a preliminary hearing for Sept. 15 after defense attorneys argued they needed additional time to review extensive evidence, including surveillance videos, body-worn camera footage, witness interviews, photographs and the medical examiner’s report.
Deputy District Attorney Daniel Ilacqua said prosecutors will ask the court July 9 to increase bail for Robert Anthony Garcia and Isaul Hernandez.
“We have a colorable argument to increase the bail,” Ilacqua said after the hearing. “Ultimately, it’s up to the judge, but I’m going to do everything in my power to make sure the community is safe.”
Ilacqua said a judge previously reduced Hernandez’s bail from $2 million to $100,000 at arraignment. Garcia’s bail also was reduced from $2 million to $1 million. Hernandez was the only one of the four defendants to appear out of custody at the June 25 hearing.
Ilacqua said Hernandez remains subject to GPS electronic monitoring but is not under house arrest.
Patrick Randall Perry, 55, Robert Anthony Garcia, 33, Isaul Hernandez, 36, and Bruce Lamont Fuller Jr., 30, each pleaded not guilty and denied the allegations contained in a second amended felony complaint.
Prosecutors allege Henderson, 37, was waiting for a bus near Hollywood Boulevard and Las Palmas Avenue on May 20 when he was attacked by a dog before being chased, beaten and fatally stabbed.
Surveillance video showed Henderson running across Hollywood Boulevard while a dog bites at his ankles. A group of men followed close behind, including one who appeared to be carrying a weapon.
The men then surrounded Henderson on the opposite side of the street, where they could be seen punching and kicking him. Others could be seen nearby as the attack unfolded, though no one appears to physically intervene before Henderson moves out of the camera view.
Authorities allege Perry owned the dog involved in the initial encounter and wielded the knife used in the fatal stabbing.
The amended complaint also adds weapon allegations against each defendant.
Defense attorneys told Weinstein they had only recently begun receiving evidence and could not adequately prepare for a preliminary hearing within the statutory time limits.
Garcia’s attorney, Carlos Morales, told the judge he had repeatedly requested discovery and had only recently received the prosecution’s murder book and other investigative materials.
Ilacqua told the court the case includes numerous surveillance videos, body-worn camera footage, witness interviews, photographs and the medical examiner’s report.
Weinstein found good cause to continue the preliminary hearing until Sept. 15, ruling that the defendants’ constitutional right to effective assistance of counsel outweighed their statutory right to a speedy preliminary hearing.
Outside the courtroom, Ilacqua cautioned Henderson’s family that additional continuances remain possible because the case involves four defendants represented by separate attorneys.
“There are a lot of people and a lot of schedules involved,” Ilacqua said. “If one or multiple attorneys are in trial or run into issues being ready by Sept. 15, they’ll file a motion asking for a continuance.”
For Henderson’s sister, Latoya Payne, seeing the defendants together in court for the first time was painful.
“I was just disgusted,” Payne said. “They had no care in the world.”
Asked whether she had confidence in the criminal justice system, Payne instead pointed to her faith.
“I have confidence in my Lord Jesus Christ,” she said. “He’s the one making the final decision.”
Despite the delays, Payne said her family remains committed to attending every court hearing.
“We’re going to keep Berry’s story alive,” she said. “We’re not going to stop until the highest degree of the law is met.”
Stephen Oduntan is a freelance writer for Wave Newspaper.
