Matthew Toerner told detectives that he shot John Marmo Jr. four or five times from the back seat of a rental car

Matthew Toerner told detectives that he shot John Marmo Jr. four or five times from the back seat of a rental car that was parked next to Marmo’s vehicle, according to a tape-recorded interview played to jurors Monday.Toerner is a co-defendant in the death of Marmo, who was shot once in the back in Camarillo as he was on his way to work early on the morning of Dec. 1, 2006.Marmo’s former wife, Rebecca Braswell, is also on trial for murder.The killing was a result of a bitter child custody dispute between Braswell and Marmo, prosecutors say.Another co-defendant, Shannon Butler, will be tried later this year. Braswell, 28, Toerner, 22, and Butler, 25, are former Navy Seabees.A fourth Seabee, Seth Hardy, 22, has been charged with trying to kill Marmo by putting two propane canisters under his vehicle on Oct. 14, 2006, and Oct. 28, 2006. He will be tried separately.The tape-recorded interview, lasting about 2 1/2 hours, was played to jurors. Detectives interviewed Toerner in Okinawa on Dec. 11, 2006.Toerner’s lawyer, Robert “Bobby” Schwartz, said his client shot Marmo to protect Butler, who had convinced him that Marmo was beating her and that Braswell had connections with outlaw motorcycle gangs and an Oxnard criminal street gang.Earlier, Toerner gave a detailed account of how he, Hardy and Butler talked about killing Marmo by putting the propane canisters under his vehicle. Toerner said he didn’t know Marmo and spoke to Braswell once briefly.Initially, Toerner told detectives Butler shot Marmo. Toerner said it was very early in the morning when Butler woke him up.“I heard the gate open. She had a gun in her hand,” Toerner told detectives, adding that she fired four or five shots.Toerner told detectives: “I told her no, don’t. I ended up curling up. I ducked down. I went into the fetal position. I was scared.”Toerner said they parked in the driveway next to Marmo’s car and drove off after the shooting.During the interview with Toerner, Ventura County Sheriff’s Department Detective Joe Evans asked that he walk them through the shooting.“We have Shannon. We have the gun. We have statements from everybody. We’ve got the whole deal,” Evans told Toerner.Evans abruptly stopped and said Butler told him Toerner shot Marmo.“I am not convinced that you are not the shooter,” Evans told Toerner.Evans then told Toerner he believed Toerner and Hardy were both manipulated by Butler, who was close friends with and briefly lived with Braswell at Naval Base Ventura County at Port Hueneme.Toerner later admits that he shot Marmo and fired four or five shots.“She said she was going to die if he wasn’t killed,” Toerner told Evans.“Young man, it’s my opinion that she orchestrated your work in this shooting from the beginning, from the get-go. She pegged you,” Evans said.Toerner said he wanted to throw up and began crying, saying that he was sorry.“We know that you’re sorry. We know. We can tell by looking at you,” Evans told Toerner.Under cross-examination, Schwartz first acknowledged Evans’ calm and fatherly approach in interviewing Braswell and Toerner.“Sir, I believe that you are the best in the business. I am ready to confess and I haven’t done anything,” Schwartz told Evans, eliciting laughter from some in the courtroom.Evans said it was his opinion that Butler manipulated Toerner and Hardy.