SANTA ANA — A Newport Beach man attempting to steal a pornographic magazine shoved a liquor store owner so fiercely that the man flew through the air and landed on the back of his head, a prosecutor told a jury here Tuesday.

Hao Huynh, who owned Sportsman Liquor in Newport Beach for 15 years, died the day after the vicious attack on July 28, 2007 from a fractured skull and massive bleeding in the brain, Deputy District Attorney Matt Murphy said.

Those circumstances make defendant Weston Scott Kruger, 31, guilty of special circumstances murder in the commission of a robbery, Murphy said in his opening statements.

If convicted, Kruger could be sentenced by Superior Court Judge W. Michael Hayes to life in state prison without the possibility of parole.

But defense attorney Jeremy Dolnick said Kruger should be convicted of the lesser charge of manslaughter.

Dolnick did not dispute that Kruger shoved Huynh, but insisted that his client had abandoned the robbery attempt by throwing the pornographic magazine back at his pursuer. Dolnick contended that Kruger simply wanted to stop the situation, and was trying to leave the liquor store.

Both attorneys agreed that Kruger tried to shoplift a pornographic magazine from Sportsman Liquor at 2615 Newport Blvd., in Newport Beach by hiding it under his shirt when he walked up to the cash register to buy a pack of cigarettes.

Huynh, who could see the magazine sticking out of Kruger’s shirt, demanded that it be returned. Kruger then walked out of the store, refusing to give up the magazine.

Murphy contended that Huynh, who weighed only about 100 pounds, was assaulted by the much larger Kruger when he grabbed for the stolen magazine. Dolnick, however, said Kruger threw the magazine back at Huynh first, and then shoved him to the ground.

Huynh was rushed to a hospital, where he died the following day from traumatic brain injuries. Huynh and his wife — who was present at the time her husband was knocked to the ground — had owned and worked at Sportsman Liquor since 1992. The victim’s wife was in the store at the time of the attack.

The incident was captured on video surveillance. An uninvolved witness in the parking lot identified Kruger, with whom he had gone to high school.

Detectives later found the stolen magazine during a search of Krueger’s home.

Kruger’s trial should end next week.

Contact the writer: lwelborn@ocregister.com or 714-834-3784