King, 50, who retired from the force in 1992 and was working as a loss-prevention specialist for a local company, died a short time later.
Detectives said all five defendants gave statements admitting their involvement in the Dec. 21 robbery, but only two defendants said they had been armed.
Based on the defendants' statements detailing their roles, Municipal Court Judge Harvey Robbins held St. Aubyn Beecham, 19, and Ramirez on charges of first-degree murder. The three defendants who were unarmed - Aaron Smith, 17, Matthew Garcia, 18, and Al Collantes, 19 - were ordered to stand trial on second-degree murder, robbery, conspiracy and related charges.
Assistant District Attorney Roger King, no relation to the victim, expressed anger at the judge's decision to reduce murder charges against the three. King wanted all five charged with first-degree murder so that prosecutors could seek the death penalty at trial. Second-degree murder carries a sentence of life in prison.
``We should not have to try a case at a preliminary hearing,'' King said afterward. ``It's 12 people who decide this, not the preliminary hearing judge.''
King said prosecutors would seek to have the first-degree murder charges reinstated.
``This was a botched robbery that became a homicide,'' defense attorney Guy R. Sciolla said. ``They are going to have a hard time making first-degree murder charges stick.''
The defendants had been cruising when they hatched the idea to ``go jam somebody because we need some money for Christmas,'' Garcia said in his statement to police. The robbery netted about $600.
The five pulled up to the bar, on Roosevelt near Whittaker Avenue. Garcia said he went inside to buy a beer ``and see if the bar was sweet.'' The others followed.
When Garcia asked for a beer, the barmaid asked to see identification. Garcia responded that he did not have any, according to his police statement.
