Three Oceanside Assailants Sentenced in Beating of Elderly Woman

Three young men pleaded guilty to beating an elderly woman at the front gate of her Oceanside condo more than a year ago, and the last two were sentenced in the Vista courthouse yesterday afternoon.

Brandin Michael Evinger, 24, and Tyler Thornton Mackin, 24, and Richard Roy Vaughan, 25, pleaded guilty to assault and battery charges last August.

Marion Kyle, a 63-year-old woman with gray hair and thick glasses, testified at a two-day preliminary hearing a year ago. She described being beaten unconscious at her front gate. She said she had gone outside to investigate yelling and the sound of broken glass at the end of a BBQ party she had thrown at her condo, during which she and her guests watched a Charger game.

One of Marion Kyle’s dinner guests said she heard glass breaking from her seat on the balcony, and she called out, “Hey guys, keep Oceanside clean, we all have to live here.” But the response from three male passersby was curses and “Fuck you, white bitches living in your two story condo, ruining Oceanside for us,” according to testimony.

Marion Kyle testified that it was Tyler Mackin who leaned back to deliver a roundhouse punch to her face that sent her to her knees, after they argued at her front gate.

Judge Joel Pressman, then supervising judge of San Diego’s North County Superior Courthouse, expressed outrage at the end of the hearing in December of 2009. He called the conduct of the accused “so outrageous,” “abysmal,” and “an embarrassment to the community” and ordered the defendants to face multiple felony charges. There was one felony vandalism charge for allegedly kicking in two different sets of gates at Kyle’s Oceanside condominium, located at the corner of Tremont and Kelly.

Tyler Mackin pleaded guilty to felony resisting arrest for allegedly wrestling with Oceanside Police Officer Michael Ready when the officer responded to “a fight call.”

Officer Ready testified that Mackin announced “I’m going to kill you fucking faggot pig,” instead of complying with the officer’s requests. While the officer was trying to subdue the allegedly combative Mackin, his two codefendants reportedly approached the embattled officer and disobeyed his commands and made unhelpful remarks, the officer testified. Codefendants Evinger and Vaughn both pleaded guilty to misdemeanor resisting a peace officer.

Tyler Mackin subsequently tried to kick out the back window of a police cruiser in which he had been placed, according to Oceanside Police Officer Justin Pecchia. Officer Pecchia said he assisted other officers who transferred Mackin into a different, fortified police vehicle. The OPD officer described Mackin as noncompliant, belligerent, verbally aggressive, and reeking of alcohol.

All three defendants were freed on bail or their own recognizance, and they pleaded guilty to different charges at a court hearing on August 12 of 2010. Brandin Evinger pleaded guilty to a lesser battery charge PC 242 and PC 148 misdemeanor resisting arrest, and was sentenced to 3 years probation the same day he pleaded guilty.

Tyler Mackin pleaded guilty to felony assault PC245 (a)(1) and felony resisting arrest by means of threat and violence PC69. These are not considered strikes, according to the plea deal. Mackin is reportedly the son of Shari Mackin, a former Oceanside City Councilwoman. He was sentenced to 365 days “work furlough” under direction of the Sheriff and three years probation today.

Richard Vaughan pleaded guilty to felony assault PC245 (a)(1) and PC 148 misdemeanor resisting arrest. He was sentenced to 365 days “work furlough” under direction of the Sheriff and 3 years probation today.

Sentencing Judge Aaron Katz told Mackin and Vaughan that they “embarrassed yourselves and your families” and “you both should just be ashamed of yourselves.”