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Poker slaying suspects smile after being convicted

BY STEVEN MAYER, Californian staff writer
smayer@bakersfield.com | Tuesday, Sep 30 2008 3:14 PM

Last Updated: Wednesday, Oct 1 2008 7:19 AM

Two men accused of opening fire on a group of poker players in a bizarre attack that left one victim dead and three others wounded, were found guilty of first-degree murder Tuesday.

John Thomas Jr. and Johnte Allen, both 20, will spend the rest of their lives in prison after a Kern County jury found them each guilty of nine felony counts. The list included attempted murder, assault with a firearm, robbery and carjacking.

Several family members and supporters of the victims cried quietly or shook their heads in heartfelt agreement as the verdicts were read. Even some jurors wiped tears from their eyes as the profound weight of the verdicts began to sink in and the stress of the weeklong trial began to ebb.

“It’s not really like a high-five moment,” Robin Harkleroad, the mother of Jesse Harkleroad, said outside the courtroom. Jesse was just 21 when a poker game he was enjoying with friends in October 2006 was interrupted by two gunmen demanding the keys to a vehicle at the south Bakersfield residence.

Yet even after they were given the keys to a truck, Thomas and Allen inexplicably opened fire on the card players.

Harkleroad was killed. Zachary Schmidt, Ty Scherer and Randall Ayers, all 21 at the time, were wounded.

Michael Lukehart and James Faulkner, the attorneys for the defendants, tried to convince jurors their clients weren’t at the Emery Avenue home near South High School the night of the shooting. They questioned the validity of eyewitness accounts, pointed to a misidentification by at least one witness and noted that neither defendant had gunshot residue on his hands.

But all their efforts went for naught as prosecutor Scott Spielman laid down a barrage of what he called “overwhelming evidence” pointing to the guilt of Thomas and Allen.

Thomas was found hiding in a garage wearing a black sweatshirt described by victims. Allen was found in the backyard of a home, with a wallet stolen during the incident found next to him.

Eyewitnesses identified both men the night of the killing. Some testified at trial.

Spielman credited the convictions in large part to the professionalism and determination of Bakersfield Police who arrived in time to establish a perimeter around the area where the shooters were found hiding. He also lauded the courage of witnesses who had the “guts” to testify in a case with gang connections.

Outside the courtroom, Spielman said Thomas and Allen grew up in an environment where virtually everyone they knew — family and friends — had ties to a criminal gang.

They had several run-ins with the juvenile court system, he said.

“I don’t know if anyone has a chance when those closest to them are all thugs,” he said.

In a strange moment after the verdicts, Thomas and Allen looked at each other and smiled. They had been solemn and quiet up to that point, but for some reason they started acting like two kids in a school principal’s office who suddenly get the giggles.

“I don’t think it’s one bit funny,” roared Judge Michael Bush. “You realize, Mr. Thomas, Mr. Allen, the only sentence I can give you is life without the possibility of parole?”

The smiles disappeared.