Suspect in Attacks on Synagogue, Mosque Pleads Not Guilty
Surveillance video captured the entire incident, according to the prosecutor
By R. Stickney and Andrew Johnson ••
The man accused of killing one woman and injuring three other people appeared in court for the first time, pleading not guilty to five felony charges, including murder with a hate-crime special circumstance. NBC 7’s Melissa Adan has more.
What to Know
Shots were fired inside Chabad of Poway on Saturday, April 27 at 11:23 a.m. One was killed and three were injured including the rabbi.
An anti-Semitic post by a user identifying himself as John Earnest appeared on the far-right message board 8chan hours before.
The FBI was tipped about a threatening social media post 5 minutes before but they say it was too late to identify the suspect.
John T. Earnest, 19, of San Diego was charged with one count of murder with a hate-crime special circumstance and gun allegations, three counts of attempted murder with hate-crime and gun allegations and one count of arson of a house of worship.
Earnest is accused of walking into Chabad of Poway Saturday armed with a semi-automatic rifle and five additional 10-round magazines on his tactical vest. A tactical helmet was found later in the defendant's car, the prosecutor said.
Lori Gilbert-Kaye, 60, was shot twice as she turned to flee, officials said. She died from her injuries. Rabbi Yisroel Goldstein was in the immediate area and was shot in the hand. He sustained injuries to both hands including the loss of a finger.
In court on Tuesday, a prosecutor described why they are seeking no bail for the Poway synagogue shooting suspect.
"The defendant turned his rifle toward one of the rooms full of congregation members and fired additional rounds," Deputy District Attorney Leonard Trinh said.
Trinh said the suspect allegedly fired eight to 10 rounds before the rifle appeared to jam or malfunction and the suspect couldn't fix it.
Surveillance video captured the entire incident, according to the prosecutor.
An FBI spokesperson told NBC 7 the FBI received a tip about the synagogue shooting just five minutes before shots were fired. NBC 7's Bridget Naso explains.
After the hearing, San Diego County District Attorney Summer Stephan described the video to members of the media.
Stephan said the footage showed the moment the gun appeared to jam.
“There was something going on that was interrupting his action,” she said.
After Earnest fled the scene, he called 911 to report the shooting at the synagogue.
Judge Joseph Branningan denied bail and said, “Mr. Earnest is an obvious and extraordinary risk to public safety and the community.”
The suspect did not have a prior record in any jurisdiction, Stephan said.
“I am not going to even mention his name. There is only one villain in this case, but there are many heroes and that is what defines us as a community,” Stephan said.
She did not release information about how the rifle was purchased, saying that is still under investigation.
If convicted, the defendant may face the death penalty or life without the possibility of parole, in addition to 103 years to life on other charges, she said.
Stephan will determine whether to pursue the death penalty in the case at a later time.
“There is a moratorium in the State of California, however, the law is still that California has the death penalty, so there is not a bar for seeking the death penalty, it just means that while the governor is the governor, there will not be executions,” the DA said.
Melissa Adan/NBC 7
Images taken outside Chabad of Poway on Monday, April 29, the afternoon of the funeral service for shooting victim Lori Gilbert-Kaye.
NBC 7
Hannah Kaye (L) and her father Howard Kaye, M.D. talk about their mother/wife Lori Gilbert-Kaye at her funeral service on Monday, April, 29, 2019.
Melissa Adan/NBC 7
Images taken outside Chabad of Poway on Monday, April 29, the afternoon of the funeral service for shooting victim Lori Gilbert-Kaye.
Melissa Adan/NBC 7
Images taken outside Chabad of Poway on Monday, April 29, the afternoon of the funeral service for shooting victim Lori Gilbert-Kaye.
Crystal Whitman
Images taken outside Chabad of Poway on Monday, April 29, the afternoon of the funeral service for shooting victim Lori Gilbert-Kaye.
David McNew/Getty Images
People attend a prayer and candlelight vigil at Rancho Bernardo Community Presbyterian Church on April 27, 2019, in Poway, California.
David McNew/Getty Images
People attend a prayer and candlelight vigil at Rancho Bernardo Community Presbyterian Church on April 27, 2019, in Poway, California.
AP
A couple holds candles during a vigil held for victims of the Chabad of Poway synagogue shooting, Sunday, April 28, 2019, in Poway, California.
David McNew/Getty Images
People attend a prayer and candlelight vigil at Rancho Bernardo Community Presbyterian Church on April 27, 2019, in Poway, California. A gunman opened fire at the Chabad of Poway synagogue on the last day of Passover, leaving one person dead and three others injured. The suspect is in custody.
AP
Noya Dahan, 8, rides on the shoulders of her father, Israel Dahan, at a candlelight vigil held for victims of the Chabad of Poway synagogue shooting, Sunday, April 28, 2019, in Poway, California. Dahan was one of the people injured when a 19-year-old gunman opened fire at the synagogue, killing one person and injuring three others.
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People embrace outside the Chabad of Poway synagogue on April 27, 2019, in Poway, California.
AP
Leslie Gollub, left, and Gretchen Gordon hug at a vigil held to support the victims of Saturday's shooting at Chabad of Poway synagogue, Sunday, April 28, 2019, in Poway, California.
Denis Poroy/AP
People gather and react outside of the Chabad of Poway synagogue on April 27, 2019, in Poway, California. A 19-year-old man opened fire inside the synagogue near San Diego as worshippers celebrated the last day of a major Jewish holiday, killing a woman and injuring three other people. A rabbi who was injured in the shooting said the gunman's gun jammed, preventing more deaths or injuries.
NBC 7
A 19-year-old San Diego man with a rifle entered Chabad of Poway on Rancho Bernardo Road, west of Interstate 15 at 11:23 a.m. and opened fire on the people inside, law enforcement officials said.
Richard Wilson
More than half a dozen police cars were seen along Rancho Bernardo Road outside Phil’s BBQ -- roughly two miles away from the temple --- where the suspect was apprehended. The 19-year-old pulled over, jumped out of his car with his hands up and was taken into custody, SDPD Chief David Nisleit said. "As the officer was placing this 19-year-old male into custody, he clearly saw a rifle sitting on the front passenger seat of the suspect vehicle," he said.
Richard Wilson
As the suspect fled the scene, an off-duty U.S. Border Patrol agent who was in the synagogue at the time of the shooting opened fire on the suspect, missing the man but striking his vehicle, San Diego County Sheriff Bill Gore said.
NBC 7
One woman died from injuries suffered in the shooting. A girl and two adult men were injured and rushed to Palomar Medical Center Poway, officials confirmed at 2:30 p.m.
NBC 7
A memorial of flowers and signs began growing outside the synagogue. One of the signs said, “Our thoughts & prayers are with you. May the community know no more sorrow.”
NBC 7
President Donald Trump commented on the shooting, saying, "We're doing some very heavy research we'll see what happens, what comes up, at this moment it looks like a hate crime, but my deepest sympathies to all of those affected and we'll get to the bottom of it."
Crystal Whitman
One of the signs at a memorial in honor of the victims of the synagogue shooting said, “We will build this world from LOVE.”
NBC 7
This is Lori Kane and Rabbi Yisroel Goldstein, two victims of the shooting. 60-year-old Kane died from injuries suffered in the shooting and 57-year-old Rabbi Goldstein suffered injuries to index fingers.
NBC 7
This is the last picture taken of Lori Kane (Third from left) at her best-friends daughter's graduation taken on Friday, Apr. 26.
A city-wide prayer vigil was held Sunday night at Valle Verde Community Park at 7 p.m. where Rabbi Goldstein and mayor, Steve Vaus from Poway were in attendance
This is eight-year-old Noya Dahan, one of the youngest victims in the shooting, she sustained shrapnel injuries and was released out of the hospital the same day the shooting happened.
This is 34-year-old Almog Peretz, one of the victims, he sustained shrapnel and gunshot wounds in his legs and face. He has been released from the hospital.
The other two victims in the shooting were 34-year-old Almog Peretz and 8-year-old Noya Dahan. The girl was released from the hospital Saturday night and Peretz was released Sunday. Both are recovering.
Peretz, alongside several members of the Chabad of Poway synagogue, sat in the front row of the courtroom inside the Hall of Justice downtown as Earnest was arraigned.
