Fourth Teen-Ager Charged in Claes Murder : Violence: Jason Merritt, 17, is accused of standing by as 14-year-old was shot in the head, then getting fast food with his friend. Prosecutors want to try him as an adult.

By LEE ROMNEY and THAO HUA

May 31, 1995 12 AM PT

TIMES STAFF WRITERS

Prosecutors filed charges Tuesday against a fourth teen-ager in the slaying of 14-year-old Carl Dan Claes, accusing him of driving Claes and another suspect to the murder site, standing by as Claes was shot in the head, and then going out for fast food with his friend.

Jason Merritt, 17, was arrested at his home near Tustin High School on Friday. Investigators say Claes was murdered in a dispute over a $2,500 sound system his grandfather bought for him so he could practice his break-dancing and disc jockey hobby.

Merritt and Thomas “Tommy” Miller, 16, accused of being the shooter, both face murder charges. Deputy Dist. Atty. Carolyn Kirkwood said she will seek to have them tried as adults.

All four suspects are expected to appear in juvenile court today for a detention hearing.

“We are fairly confident that we now have all the participants of the murder,” Sheriff’s Lt. Dan Martini said. “But the investigation is continuing, so there could be a new break in the case at any point.”

Miller’s 15-year-old brother has been charged as an accessory to murder after the fact and a 17-year-old friend who had been living with the Millers was charged with being an accessory to murder after the fact and receiving a stolen .22-caliber pistol believed to be the murder weapon, along with Claes’ pager after the slaying.

Martini said detectives were led to Merritt from witness statements and property they seized after serving search warrants Thursday at the Miller house and at a home on Lance Drive where they had seized the stereo system the week before.

A friend of the family said Merritt’s mother was extremely shaky and distraught over the arrest of her son. The family refused to comment Tuesday from their home on Orange Street, a tidy, fenced house neatly landscaped in spring flowers.

“This is a time when they want to be alone,” a neighbor who came out of the house said. “There’s not going to be a comment.”

Others said Merritt and Miller were fairly close friends and often cruised around together at night looking for things to do. While Merritt was not a regular in the crowd of teens who gathered at the Miller home, he came by sometimes, a friend of both teens said.

Merritt was a student at Tustin High School until earlier this year, when he transferred to Hillview High School, a continuation school, to get extra credits he needed, friends said.

One youth who is a friend of the family said Merritt liked break-dancing when he was younger and had played football for Tustin High School as a freshman. He also works at a local restaurant a couple of days a week.

“He’s really a nice kid,” said his manager at the restaurant. “We have a lot of young people who work here, and he seems to have a pretty good mentality. He never gave me any hard time. He didn’t stick out at all.”

Although the family friend said Merritt had gotten involved with a rougher crowd recently, he described Merritt’s home as caring.

“They got a perfect home, a really nice environment,” he said.

Another student who had a math class with Merritt at Tustin High School said other members of Merritt’s family regularly attended church at On Fire Ministries in Anaheim, but Merritt rarely went. Merritt was behind in math for his age level, but he was well-behaved in class, the student said.

“He was always quiet. He was always on time,” the freshman said.

Martini said Merritt knew the Millers and Claes through their interests in rap music. On the night of the killing, May 16, Martini said, Merritt drove Claes and Miller to the Lemon Heights hill, popular among teen-agers for its view, and was in “close proximity” when the shooting happened.

Afterward, Martini said, both suspects apparently went out for fast food before going home.

“That’s the kind of calloused disregard for human lives we’re talking about here,” Martini said. “It shows that there’s no remorse on their part.”

A Lemon Heights resident found Claes’ body in the ditch the next morning.

In addition to murder, Miller has been charged with robbery and personal use of a firearm. Merritt has been charged with being “vicariously armed,” Kirkwood said.

In brief court proceedings Tuesday, the Miller brothers each were appointed new attorneys, as was the 17-year-old charged with receiving the stolen gun and pager and being an accessory to murder.

Friends and family of that 17-year-old, as well as his former manager from another local restaurant, came to juvenile court Tuesday to offer their support but were told the proceeding would be delayed until today.

The manager said Santa Ana defense attorney James Riddet, who is no longer representing the 17-year-old, had asked him to come to court in support of his former employee. The youth is a good worker who lacked fatherly guidance and moved in with the Millers because his younger brother already was living there, the manager said.

The manager, who asked that his name not be used, said he used to encourage the youth to do his homework and that he had “father-to-son” chats with him.