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San Diego County Digest

Vista

November 03, 1987

Mark Raymond Phelps was ordered Monday to stand trial on two counts of attempted murder stemming from a gun battle July 31 in rural Vista.

Vista Municipal Judge Suzanne Knauf, after a weeklong preliminary hearing, ruled that there is sufficient evidence to order the 28-year-old Phelps to stand trial for attempting to murder Sheriff's Deputies James Bennetts and Alfred Mackrille.

Prosecutors said Phelps and Bennetts exchanged gunfire July 31 as Bennetts tried to arrest Phelps on a no-bail felony warrant for allegedly assaulting a deputy. Phelps allegedly fled after wounding Bennetts. Two days later, Phelps allegedly shot at Mackrille before surrendering.

Knauf set Nov. 16 for Phelps to be arraigned in Vista Superior Court. She also turned down a defense request for bail.

During the preliminary hearing, Phelps' attorney, John Emerson, sought to show that Bennetts fired first and that Phelps only returned fire in self-defense.

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