Kong Convicted Of Second-Degree Murder

An admitted drug dealer who opened fire on a car, killing a 19-year-old Indio man and wounding two other people in a dispute over money, was convicted today of second-degree murder and attempted murder counts.

Prosecutors had sought a first-degree murder conviction for Christian Kong, 20.

In addition to second-degree murder, jurors found Kong guilty of three counts of attempted murder and one count of willfully harming a police canine.

Kong testified Tuesday that he fired six shots in succession into a car in which four people were riding because he was worried for his safety.

Melvin Thomas Hall was killed, and Troy Hill, 24, then of Bermuda Dunes, and Deondre Gholar, 21, of Las Vegas, were wounded.

Deputy District Attorney Kristi Daw discounted Kong’s self-defense claim, telling jurors that the defendant never told investigators previously that he was defending himself.

“He never mentions it once in interviews (with detectives), the first time he comes up with this defense is in court to try and convince you,” Daw said. “The reason that they were never said is that they never happened.”

Kong, from Desert Hot Springs, testified that he opened fire because he saw Hill — who had previously threatened him via a text message — reach down for an object when Kong was approaching the car.

“I wanted to act before I was killed,” Kong said. “I was ready to defend myself if something happened.”

Defense attorney Christopher Booth implored jurors to put themselves in Kong’s shoes. He said his client was scared because Hill and Gholar were known gang members and Kong acted reasonably to protect himself when he saw Hill, who sitting in the front passenger seat, reach for what he thought might be a gun.

“To ignore self-defense in this case with these facts is wrong; it is an injustice,” Booth told the panel. “Nothing explains this shooting except for (Kong’s) belief of self-defense.”

Kong went to meet the group on a road near Desert Hot Springs High School around 1:45 a.m. on Dec. 19, 2009, because he owed Hill money from an earlier Ecstasy drug deal between the two, according to the prosecution.

Daw said the defendant arranged the meeting in order to “erase a debt.”

“If you are so terrified why are you going to meet drug dealers in a dark part of Desert Hot Springs in the middle of the night?” she said. “But if you intend to commit a crime and intend to try to rob and murder people, then you certainly don’t want any witnesses.”

Booth countered that Kong was not forthcoming with investigators because he was scared and still in shock about what happened.

“Did you see that young man on tape?” Booth asked jurors, referring to Kong’s taped interview with law enforcement. “He was shaking like a leaf.”

The defense attorney also attacked the credibility of Hill and his sister Shayna, who was also in the car but was not hit. He alleged the two had been lying since the day of the shooting, when they told investigators they were meeting Kong to purchase marijuana, and continued to fabricate facts in court.

Shayna Hill testified last week that she remembered “seeing flashes” soon after Gholar, her former boyfriend, asked Kong why he was acting suspicious and turned on the Chevrolet Malibu’s dome light.

Hall — who Daw said had been childhood friends with Kong — was shot in the upper body and died at the scene. Troy Hill was shot in the cheek, and Gholar was wounded in the leg.

Booth said Kong was threatened by a menacing text message from Troy Hill the day before the attack, which demanded money.

“Imagine meeting that man under those conditions in the middle of the night,” Booth said. “Damn right you’d be scared.”

Officers tracked Kong to his house later in the day. A stolen .357- caliber handgun allegedly used in the attack was recovered there, according to investigators.

Desert Hot Springs police Officer Merritt Rex testified that Kong tried to punch and then kicked his police dog “Roy” when the canine was attempting to subdue him.