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By Phil Helsel
A San Diego man accused of opening fire on a synagogue, killing a person and injuring others in what prosecutors call a hate crime, had magazines with 50 ammunition cartridges added during his arrest, prosecutors said Tuesday.
John T. Earnest, 19, appeared in court on Tuesday. He is charged with one count of murder and three counts of attempted murder in the attack on the Chabad Synagogue in Poway, California, which occurred Saturday morning, the last day of the Easter.
A public defender pleaded not guilty on behalf of Earnest and was sentenced to detention without bail.
A prosecutor said in court that Earnest had entered the synagogue with a semi-automatic rifle and five additional ammunition magazines from a dozen cartridges in a tactical vest and had opened fire. He would have fired between eight and ten shots before the weapon gets stuck or no longer works.
Earnest could face the death penalty if he is found guilty of hate crime being added to the circumstances but has not yet decided to ask for it.
"We support religious freedom and we must stand up for it with all we have, and we are determined to do justice in this matter," said Summer Stephan, San Diego District Attorney, at a news conference. press conference after Tuesday's appearance in court.
"Hate will not be tolerated in our neighborhoods," she said. "Anyone who commits an heinous act like the one we saw last weekend will be held responsible."
Earnest met Lori Gilbert Kaye, 60, who was there to pray for her dead mother, in a hallway and shot her twice as she turned to flee, killing her. Earnest then shot the rabbi before turning his gun to one of the rooms and opening fire, injuring two people, including an 8-year-old girl hit by a bullet burst, a prosecutor said. .
"The evidence showed that the defendant fired between eight and ten shots before the rifle froze or no longer worked, and that he was unable to clean the weapon," said the witness. San Diego County District Attorney Court, Leonard Trinh.
Earnest, who appears to have put online an anti-Semitic manifesto before the attack, showed no emotion during Tuesday's court appearance, acquiescing at one point and answering "yes" to a question.
There were about 30 people inside the synagogue at the time of the attack, Trinh said.
The shooting was reported shortly before 11:30 am, police said. Earnest left for the synagogue around 11:15 am and parked nearby before returning home armed with the gun, prosecutors said.
After the hang or malfunction of the rifle, Earnest left the place of worship and headed to his car, but was pursued by two faithful, including a detached Border Patrol officer who shot him and hit Earnest's car, said Trinh.
Earnest escaped in the car and reportedly called 911 and reportedly being involved in the shooting. He was reportedly armed and reportedly arrested by a San Diego police officer, Trinh said.
When Earnest was arrested, he had a tactical vest, five loaded magazines containing 50 rounds, a rifle and a tactical helmet, Trinh added.
Stephan said that it was thought that Earnest had bought the weapon legally. She said that when Earnest called the police, "he made statements consistent with the charges we laid."
"I do not know of any evidence of remorse," Stephan said.
Earnest was sentenced to be detained without bail. In addition to the charges related to the synagogue attack, Earnest is accused of burning a mosque in Escondido on March 24.
In this case, Earnest is accused of using gasoline to light the fire that charred the outer walls of the mosque, and allusions to the massive shooting in two mosques in Christchurch, New Zealand, were found scribbled, said Trinh. He said that Earnest had recognized the arson in the manifesto.
The California governor, Gavin Newsom, ordered in March a moratorium on the execution of one of those sentenced to death, but prosecutors may still seek the death penalty, Stephan said.
Earnest's family apologized for the actions of their son, stating, "We are shocked and deeply saddened by the terrible attack on the Chabad of Poway Synagogue," and their thoughts are with the victims and survivors.
Hannah Kaye, 22, daughter of Lori Kaye, remembered her mother as "a lawyer of justice" and "a peace advocate".
"All her life, she loved sharing stories from around the world – inspiring stories that give people hope, goals, and meaning to people," said Hannah Kaye to Miguel Almaguer of NBC News.
Hannah Kaye said that her mother was one of the people who had participated in the construction of the synagogue and that she was the "matriarch" of the place of worship. "She was dedicated to it, she was devoted to space, she believed in space," she said.
Hannah Kaye said she would miss her mother a lot, she will not be able to see her graduate and will not be there if she has children.
"I am comforted by the fact that we had all the conversations we could have had in life," said Hannah Kaye.
"We lived each of the experiences that a mother and her daughter were able to live in. And we healed together, we danced together, she saw me as I was, and I saw her. I saw how she was and we agreed, "she said. . "And it's just, it's an amazing love story."
Hannah Kaye said she was sure her mother would forgive the gunman.
"The person who did what he did was driven by hate and my mother lived her life with love," she said. "And love wins every time."
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