Slaying victim brother of witness in gang case

The young man shot to death Sunday in a beach parking lot near Goat Rock was part of a family that had been under the protection of Sonoma County law enforcement because of his brother's testimony in a gang-related kidnapping case.

Vutha Au, 24, of Santa Rosa was shot nine times, authorities said. His brother, Terry Au, 22, testified against two brothers of a suspect in Vutha Au's slaying.

The suspects in Au's killing are Preston Khaoone, 22; brothers David Prak, 19 and Sarith Prak, 21; and Quentin Russell, 24, all of Santa Rosa. They are scheduled to be arraigned this morning.

During a preliminary hearing last fall, Terry Au testified against Perry and Pongsony Khaoone, who are charged with a drug-related kidnapping and assault on Terry Au.

Au testified in October that he and some family members were given witness protection. It's not known if that protection extended to his brother, Vutha.

The kidnapping defendants and the suspects in Vutha Au's slaying are members of the Asian Boyz gang, according to investigators.

Sheriff's Lt. Rob Giordano said it wasn't clear if Vutha Au was a member of the gang, but he was known to associate with the suspects.

A motive for the killing is under investigation. Giordano said detectives are looking at the connection between Terry Au and the Khaoones -- and his expected testimony at their trial, set for May. "We're working on that link now," he said.

An autopsy Monday showed Vutha Au was shot in the head, neck and torso from various angles, according to a coroner's spokesman. Wounds to the head and torso were considered fatal.

A handgun believed to be the one used to kill Au was found along Highway 116 on Monday. It was presumably thrown from the suspects' car as they fled, Giordano said.

Monte Rio Fire Chief Steve Baxman, helping deputies with the search, found the gun about noon, spotting it in brush about 15 feet off the highway midway between Duncans Mills and Monte Rio.

Au was found dead in a beach parking lot south of Jenner by a park ranger about 1:15 a.m. Sunday. The ranger saw a car speeding from the scene and called deputies with a description.

Detectives are looking for a silver 2006 Honda Accord, believed to belong to Vutha Au. The license plate is 5UJU394.

Giordano declined to comment on circumstances of how the four may have picked up Au and took him to the coast.

Family relocated

Members of the Au family were relocated for their safety after Terry Au was kidnapped from his home and assaulted Oct. 1, he testified during court proceedings last year. The family was housed by county officials, who paid the family a $400 monthly food allowance in exchange for his testimony.

Details of the relocation were confidential. It was unknown where the family was relocated, what the assistance consisted of, whether the assistance is ongoing and whether Vutha Au was included in the protection.

As of last fall, Vutha Au was working as a driver for a soda distributorship in Sonoma County, according to testimony.

District Attorney Stephan Passalacqua said the California Witness Relocation and Assistance Program is coordinated by the state Justice Department with local prosecutors and law enforcement officials.

He wouldn't confirm or deny that the Au family was in the program.

"State confidentiality laws do not permit me to reveal the names of any individuals in the program," he said.

Sheriff Bill Cogbill also wouldn't discuss assistance the Au family may have received or whether they are being protected.

"To expect us to comment on something as sensitive as witness relocation and protection of witnesses is detrimental to the system," he said. "Part of the reason it works is the secrecy."

Vutha Au's slaying doesn't necessarily signal a breakdown in the witness protection program, Cogbill said.

"In general, the system works pretty well. Those protections that are in place for witnesses work fairly well when everyone is following the rules and everything is in place," he said, not speaking directly about the Au case.

Alleged kidnapping

Prosecutors allege Terry Au was kidnapped by Perry and Pongsony Khaoone and Boonlak Phanchanh. Au testified that four men broke into his home, pistol whipped him and drove him to an unknown Santa Rosa location, where they beat him, burned him with cigarettes and threatened to chop off his fingers.

The men demanded $5,000 from him and his family, Au testified, before letting him go. He also testified he had previously sold drugs on behalf of Perry Khaoone and Peter Khaoone, another brother who was sentenced to prison last year.

Terry Au testified he initially didn't report the incident, even when his parents asked why he was injured. He said his mother didn't want to involve authorities, but when the family patriarch was pressured by a defendant, he and Terry Au called police.

Prosecutors granted Terry Au immunity for his testimony against the Khaoones and Phanchanh.

Following the preliminary hearing, Judge Lawrence Antolini ruled there was enough evidence to proceed to trial on the kidnap-for-ransom charge, which carries a potential life prison sentence.

A charge of trying to intimidate a witness -- Terry Au -- was upheld against Perry Khaoone but dismissed against Pongsony Khaoone and Phanchanh.

One suspect, Dundo Xxayyaphay, remains at large.

Good timing

In Vutha Au's slaying, detectives are grateful for the timing of the state park ranger who happened upon the scene just after the shooting.

"That timing was everything. It helped us put the case together," Giordano said.

Without the ranger's description of the car, the case would have been far more difficult to solve, he said.

The ranger was responding to a call about a possible late-night beach party when he saw the car speeding out of the area. He found Au's body moments later.

State parks officials aren't releasing the ranger's name, but praised his response to the crime.

Armed with a car description, deputies stopped the suspect car near Duncans Mills, within minutes of the ranger's report.

You can reach Staff Writers Lori A. Carter at 568-5312 or lori.carter@pressdemocrat.com and Randi Rossmann at 521-5412 or randi.rossmann@pressdemocrat.com