Judge orders murder suspect to trial

"Something came up and he said he was going to kill Damon,” testified Bryan Chaney although he couldn’t specifically recall the circumstances of the comment allegedly made prior to the July 10, 2002 shooting.

Chaney’s testimony ended Watson’s two-day preliminary hearing. Afterwards, Judge Stephen Hall ordered the 35-year-old to stand trial on charges of first-degree murder plus the special allegation of shooting from a vehicle. The special circumstance makes Watson eligible for the death penalty if convicted but District Attorney Jim Fox has yet to announce if he will seek capital punishment.

Defense attorney Jeff Boyarsky argued insufficient evidence exists to try Watson on either the murder charge or special allegation. In particular, Boyarsky said prosecutors did not prove Watson’s whereabouts in a five-hour period leading up to Whitney’s death outside a Millbrae home.

Hall, however, said he was impressed by the testimony of Thad Youngquist who formerly lived near the Elder Avenue crime scene and recalled seeing a gold Explorer flee after hearing four popping sounds.

The testimony, coupled with four casings found inside the Explorer, is substantial enough to believe Watson executed Whitney — who was parked in his own Yukon — without exiting the SUV, said prosecutor Sean Gallagher.

Prosecutors assert Watson killed Whitney as retaliation for a drug deal. Chaney’s recollection about Whitney’s possible relationship with Watson’s ex-wife hinted at another motive.

In the summer of 2002, Watson was free from a one-year prison term for battery when he allegedly kidnapped his ex-wife at gunpoint from a Woodside home. The woman was later released and Watson escaped police, allegedly burglarizing an inhabited Belmont home weeks later.

During those weeks, according to witnesses who knew him, Watson smoked methamphetamine and threatened more than once to kill Whitney. The witnesses said they knew from newspaper accounts Watson was wanted but everybody looked out for each other because some had warrants themselves.

On July 8, Watson took the gold Explorer belonging to Chaney’s girlfriend, Megan Morten-Davidson.

Both Chaney and Morten-Davidson said the next time they saw the vehicle was a news broadcast about police confiscated it in connection with the shooting. A SWAT team soon enveloped the house but Watson was not arrested until two days after the shooting while walking in Berkeley.

He pleaded no contest to one felony count of evading police in return for prosecutors dropping other charges. Watson was sentenced to four years in prison.

Millbrae police did not give up on Whitney’s death and upon Watson’s release from prison he was arrested and brought back to San Mateo County for prosecution on murder charges.

Many witnesses during the preliminary hearing have been hazy on dates and circumstances, due to a combination of time passed and the methamphetamine many admitted using heavily during the two weeks prior to Watson’s disappearance in the Explorer.

Chaney said he did not believe Watson when he threatened to kill Whitney even though he personally did not know the man. He described Watson as jittery and said he invited him the day before the shooting to go to Nevada with Morten-Davidson and himself to escape police detection. Instead, Watson allegedly took the Explorer.

Chaney is currently in custody and agreed to testify against Watson in exchange for no prison time on a number of pending felony charges if convicted.

Since the day Watson left in the car, Chaney said they had not seen each other until sharing an elevator at the courthouse while being transported between the courthouse and jail.

Watson, said Chaney, "just said, ‘don’t do this ... stay strong.’”

Watson remains in custody on no-bail status. He returns to court Aug. 31 to enter a plea in Superior Court and set a trial date.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.<