Two teenagers and an adult were ordered Oct. 12 to stand trial for the murder of Garrett Berki, 18, a Mission Beach resident and a 2010 graduate of La Jolla High School. Berki, who answered a Craiglist ad on May 11 to buy a computer, was instead robbed and shot – allegedly by the defendants. The trio was also ordered to stand trial for robbing Berki and his girlfriend of $640, along with their cellphones, and are additionally charged with shooting at an occupied vehicle during the incident in Paradise Hills. They were also accused of committing the homicide as members or associates of a criminal street gang. After a two-day preliminary hearing before a packed courtroom, San Diego Superior Court Judge Joan Weber ruled there was enough evidence against Rashon Jay Abernathy, 17, Shaquille Jordan, 17, and Seandell Lee Jones, 18, to justify a trial. They face trial as adults. All three defendants have pleaded not guilty and will return to court Oct. 27 to have a trial date set. Abernathy and Jordon remain in Juvenile Hall on $5 million bail, but Jones was transferred to adult facilities after he turned 18. Deputy District Attorney Kristian Trocha did not call Berki’s girlfriend, family or others as witnesses, but seven police officers testified about statements given to them. When the trio was arrested about 45 minutes after the holdup, the girlfriend identified all three defendants in a curbside lineup. Officers told the judge the girlfriend identified Abernathy, the alleged gunman, as wearing a pony tail and sitting in the back seat. Officers testified Jones was identified as the driver and that one robber was described as wearing an SDSU sweatshirt. After Berki was robbed in the deal-gone-wrong, he followed the robbers in his car to get their license-plate number as they turned into a cul-de-sac. Trocha said Abernathy fired a shot through the windshield, striking Berki in the chest. Berki died later that night in the hospital. San Diego police Det. John Brown was called as an expert witness involving gang members and said the trio was associated with — or were members of — two gangs. Defense attorneys disputed his testimony, saying he was giving his own opinions. Abernathy’s lawyer, Kate Coyne, argued there was no testimony that gang signs were flashed or challenges made during the incident. The trio is also accused of stealing a black Honda Accord that was used to drive to the murder scene. If convicted of first-degree murder, the trio could be sentenced to 50 years to life.
