Suspect won’t face death penalty

Prosecutors said they will not seek the death penalty next month when they try a Newport Beach man on charges he killed a local liquor store owner in 2007 after being confronted for allegedly stealing a pornographic magazine.

Weston Scott Kruger, 30, is scheduled to go to trial June 1 on several charges, including murder, assault with a deadly weapon and robbery in connection with two incidents.

In July 2007, police said Kruger walked into the Sportsman Liquor Store owned by Hao “Tony” Quang Huynh. Kruger, a 6-foot-5, 270-pound man, allegedly shoved a pornographic magazine into his shorts, bought cigarettes, but tried to leave without paying for the magazine. When he was confronted by Huynh, a 5-foot-3, 110-pound man, Kruger pushed him to the ground, authorities said.

The impact from Huynh’s head slamming into the ground killed him, authorities said.

The incident happened while Kruger was out on probation for two other felonies he’s awaiting trial for: an armed robbery earlier in the year and the violent beating of his then-girlfriend in 2006, prosecutors said.

Police said in August 2006, Kruger got into an argument with his girlfriend at the time and hit her in the back with a metal pipe, then shoved her face into a bowl of dog food with his foot.

Kruger is eligible for the death penalty because of the special circumstances surrounding the murder charge: being on probation for a felony during the crime and/or killing someone during a robbery. However, Senior Deputy Dist. Atty. Matt Murphy said prosecutors will not pursue it. Kruger could be sentenced to life without parole if convicted of all charges.