Man on trial for Fresno County murder, never pulled the trigger

Tuesday, July 8, 2014
Man on trial for Fresno County murder, never pulled the trigger
Ernie Chanmany is charged with murder in the 2012 death of 16-year-old Sammy Mercado.

FRESNO, Calif. (KFSN) -- Deadly protection for a Fresno County pot field adds up to murder, according to prosecutors, but the man on trial never killed anybody. Ernie Chanmany is charged with murder in the 2012 death of 16-year-old Sammy Mercado.

Fresno County sheriff's detectives found Sammy Mercado's body in a shallow grave near Sanger six months after the teenager was shot and killed. Ernie Chanmany led them to the orchard, where he admitted he and brothers Michael and Marshall Voravong had buried Mercado.

Prosecutor Ron Wells says Chanmany ran a large marijuana operation seven and a half miles away. Wells says Chanmany brought the Voravongs on board as muscle to protect the field with deadly force after hundreds of plants disappeared.

Wells argues that's enough to hold Chanmany responsible for what happened to Mercado, but defense attorney Eric Green says the Voravongs also owned the marijuana and it wasn't Chanmany's idea to open fire on thieves.

"He shot and killed nobody," Green said. "There's no evidence he authorized Michael Voravong to go act like a blithering idiot with a gun and go kill anybody."

Green admits Chanmany is guilty of drug crimes, but nothing more, but in interviews with detectives, Chanmany admitted the Voravongs were there to protect the field. His brother said Ernie knew they'd killed before. Wells argues Mercado's death was the inevitable outcome of putting them out there.

"Why do you bring that type of person with that type of weapon to that type of business," Wells said. "Unless you want, and I forget what the movie is, but you know "dead dead dead."

Chanmany faces life in prison if he's convicted. The Voravongs were originally charged with murder, but the charges were later dropped because of a lack of evidence.