The Mercury News

Convicted, teen takes stand in trial

- By Malaika Fraley mfraley @bayareanew­sgroup.com

OAKLAND — Another teen convicted of Santa Clara County paramedic Quinn Boyer’s murder in juvenile court took the witness stand Tuesday to identify defendant Christian Burton as the person who fired the fatal shot.

But Rodkei Royal, 17, said that he didn’t actually see the April 2, 2013, Oakland hills shooting that he said occurred after his friend Nazhee Flowers decided he wanted to carjack the vehicle of the 34-year-old Dublin man, who had pulled over on Keller Avenue to send a text message.

Speaking at the murder trial for Burton, 18, and David McNeal, 17, Royal said he heard a gunshot and turned around to see the victim trying to drive away.

“I had no idea he shot a man,” Royal said.

Royal and two other teens, the youngest 13 when Boyer was killed, all pleaded to first-degree murder in juvenile court, and Royal is the last to take the stand at the current trial. Flowers, 18, took a deal and pleaded to one of the two carjacking­s he was involved in the day Boyer was shot and was sentenced in adult court to 15 years in prison.

Burton and McNeal are being prosecuted for special circumstan­ces murder as adults and, if convicted as charged, could be sentenced to life in prison without the possibilit­y of parole. McNeal is also charged with one of two carjacking­s and assault with a deadly weapon for allegedly shooting a middle-school boy in the buttocks the day after.

McNeal’s attorney, David Bryden, told jurors at the trial’s opening that McNeal was not compliant with the attempted carjacking that led to Boyer being shot, and he will be asking for a murder acquittal. Burton’s attorney, Ernie Castillo, will argue that Burton is innocent, and the shooter was Flowers — just like Royal originally told police.

In April 2013, a 14year-old Royal was the first of the group to be interviewe­d by Oakland police detectives. In a ruse, they told him that Flowers had identified him as the person who had shot the motorist in the Oakland hills.

Royal told them that it was Flowers who did it after Flowers and Burton got out of the stolen gold Dodge Intrepid they were traveling in. On the stand Tuesday, Royal told prosecutor Glenn Kim that he lied about Flowers having the gun and many other things when he first spoke to police.

Castillo accused him of lying on the stand and specifical­ly lying in 2013 about Burton even being in the car when they took the carjacked Intrepid into the Oakland hills.

“You’re switching Nazhee Flowers for Christian Burton as the shooter today, isn’t that right?” Castillo asked.

“Whatever you say, bro,” Royal replied.

“My testimony here today is the truth,” Royal said.

The evidence portion of the trial is expected to conclude Wednesday with the playing of Burton’s statement to police and a defense expert. Closing arguments are scheduled for Sept. 2.

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