Pastor Porter changed crash story, witness says at murder trial

Porter told insurer he blacked out, then said he saw another car

By GARTH STAPLEY
gstapley@modbee.com

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A preacher charged with killing an old man for his money told apparently contradictory stories about the first of two harrowing crashes, a witness testified Thursday.

Howard "Doug" Porter told an insurance investigator he blacked out from the impact of an air bag when his pickup smashed into a roadside tree after he swerved to avoid an oncoming car as Frank Craig dozed in the passenger seat, she testified.

But Porter, of La Grange, also told Carol Stevens he watched the "alleged car" drive away in his rearview mirror, Stevens said.

AT A GLANCE
- WHAT: The trial of Howard "Doug" Porter, 57, of La Grange
- THE ALLEGATIONS: Porter, pastor of Hickman Community Church for nearly two decades, is accused of murdering rancher Frank Craig, 85, after embezzling at least $1.1 million. Craig wanted to use money he inherited from a brother to build an agricultural museum. Authorities say Porter staged two vehicle crashes to cover his tracks, crippling Craig in a March 2002 crash, then killing him in an April 2004 crash.
- THURSDAY'S ACTION: The jury heard an insurance investigator testify that Porter gave conflicting statements about the first of the two crashes, and a surgeon says doctors had to revive Craig in a hospital after the first crash.
- WHAT'S NEXT: Trial resumes this morning at 10 in Department 5.
Past coverage: The Doug Porter case

That March 5, 2002, crash nearly took the life of 83-year-old Craig, said a surgeon who helped revive the code-blue man hours later in a hospital.

Authorities say Porter, having embezzled at least $1.1 million from the older man, almost killed him in the first crash and succeeded two years later in the second, when Craig drowned after Porter drove into a canal. Porter walked away from both.

Thursday's testimony focused on the first, which nearly crushed Craig from neck to knees. He was not wearing a seat belt and the passenger's side air bag was switched off because Porter previously had driven with his granddaughter in that seat, Stevens said.

"I think he would have died" without emergency surgery and a heart jump-start, Dr. Raymond Cimino testified.

Cimino said the 2002 crash broke Craig's thigh bones, requiring surgical insertion of metal rods. He also suffered a broken pelvis, ribs, breastbone and bruised lung and received 20 blood transfusions in 15 days.

"Is it fair to say he had broken bones from his sternum to his kneecaps?" prosecutor John Baker asked. Cimino said yes.

Craig got check for first crash

Porter, who led Hickman Community Church for nearly two decades, is charged with murder, attempted murder, elder abuse causing death and embezzlement from an elder.

Stevens said he told her he was tired from visiting someone in a hospital the night before. After rubbing his eyes while driving, he suddenly saw an oncoming car and swerved to avoid a collision, Stevens said Porter told her six days after the crash. He thought he could steer between trees near the road, rip through a wire fence and safely drift into an open field, she said.

But, she testified, Porter told her the wheels of his 2000 Toyota Tundra pickup caught on a small berm, jerking the truck and sending it into a tree.

Another insurance officer, Robert Oats, said Porter assured him the first time they spoke that Craig never would sue Porter because Craig gave Porter power of attorney over his affairs. Soon after, the company cut Craig a $25,000 check to close the file, a relief to Oats, who figured his company was on the hook for at least the policy maximum of $250,000, he testified.

Trial is interrupted again

Craig inherited $2 million and named Porter the executor of his estate; he named his church as the beneficiary. If Porter conspired against Craig, defense attorney Kirk McAllister suggested, Porter might have tried to get more from the insurance claim, knowing he eventually would get the money.

But Baker countered that Porter feared the further investigation that would have accompanied a demand for a big payout.

Thursday's session was interrupted for a second consecutive day when Judge Thomas Zeff announced that authorities were evacuating the Stanislaus County Courthouse.

An attorney said administrators gave warning of an evacuation drill, and upon returning 39 minutes later, Zeff apologized to jurors, saying, "I had no clue that was coming. I guess it's something required every now and then."

The trial was delayed Wednesday when attorneys re-created testimony for a juror who had fallen asleep.

Thursday, another juror's cell phone rang loudly for several moments during testimony; after the session, she remained in the courtroom while everyone else was ordered to leave.

Bee staff writer Garth Stapley can be reached at gstapley@modbee.com or 578-2390.