A reputed gang member accused of taking part in a “smash and grab” burglary at a Chula Vista Apple store, in which one of his two alleged accomplices was killed in a shootout with a security guard, was ordered Thursday to stand trial on attempted murder and other charges.
But a murder charge against 25-year-old Johnny Chenda was dismissed by Judge Richard Monroy at the end of a two-day preliminary hearing, Deputy District Attorney Carlos Varela said.
The judge found there was enough evidence to support charges of assault with a firearm, being a felon in possession of a firearm, robbery and conspiracy, Varela said.
Alex Somphonh Choulamontry, a 23-year-old parolee and documented gang member, was shot in the head by a security guard on April 4 as he, Chenda and 21-year-old Melissa Ortiz allegedly tried to flee the store at the Otay Ranch Town Center about 6:40 a.m.
No charges have been filed against Ortiz, according to Varela.
Jose Jimenez, a retired deputy sheriff who works for a security firm based in Los Angeles County, interrupted the burglars and exchanged gunfire with Choulamontry and Chenda, according to Chula Vista police Capt. Gary Ficacci.
Choulamontry died at the scene, but Chenda and Ortiz ran from the getaway car after it crashed into a light pole, Varela said. They were arrested on the patio of a nearby home.
Varela said the judge did not accept the prosecution’s contention that Chenda was responsible for Choulamontry’s death. The attempted murder count is for the defendant’s alleged exchange gunfire with the security guard.
Chenda faces at least 39 years in prison if convicted of attempted murder and an allegation that the crime was committed on behalf of a criminal street gang, Varela said.
A trial date will be set at a court hearing on Nov. 2.