Benjamin Matzkind was awakened last year to gunshots followed by a male voice letting out a "victory cry" and car tires burning rubber on the road. Two houses down, John Marmo lay dying in a pool of blood.

Matzkind testified Tuesday in the preliminary hearing of three Seabees from Naval Base Ventura County Rebecca Braswell, 26; Shannon Butler, 23; and Matthew Toerner, 20 who are charged with murdering Marmo.

Marmo was killed Dec. 1 outside his town house in Camarillo. Braswell was his ex-wife who underwent a bitter divorce from Marmo and an even more acrimonious custody battle over the couple's 4-year-old daughter.

Matzkind said the victory cry was "wooo hooo," adding that the entire episode happened in a few seconds.

Matzkind was one in a parade of prosecution witnesses in Ventura County Superior Court who gave details about the killing and events leading up to it. Several Navy Seabees testified that Butler had approached them or others about beating up, injuring or killing Marmo.

The preliminary hearing continues today; Judge John Dobroth is expected to rule today whether there is enough evidence to hold the trio over for trial on murder charges along with other felony charges.

The preliminary hearing for a fourth Seabee suspect, Seth Hardy, hasn't been scheduled.

Hardy is accused of putting propane canisters in the undercarriage of Marmo's car and is charged with two counts of attempted murder and two counts of attempting to explode or ignite a destructive device with intent to injure or intimidate. Hardy, 20, has pleaded not guilty.

On Tuesday, Marmo's sister, Jaclyn Marmo, testified that on July 5, she heard Braswell tell her brother that he "better watch his back" during a bitter dispute over child custody. Braswell said she wanted John Marmo killed by the next custody hearing, according to Jaclyn Marmo.

Under cross-examination, Jaclyn Marmo admitted she was involved in her brother's custody battle, including making court appearances and serving legal papers for her brother's lawyer. She said she moved to Southern California to help her brother and to be with her fiance.

Jaclyn Marmo said she is involved in a battle with Braswell's sister over custody of the child. She also admitted lying to police and filing a false domestic violence report against her fiance.

Several Seabees testified that Butler was always asking them if they had a gun or if they could get one. They said Butler seemed to constantly talk about killing Marmo to help Braswell get custody of her daughter. Butler even said that she was going to contact the Hells Angels or an Oxnard street gang to do it, according to testimony.

"She (Butler) said she paid a guy $1,000 to kill Marmo, and it had not been done yet," Raymie Huddleston testified.

Donald Kohler, a Seabee who dated Butler, said he broke up with her because of the ongoing talk about killing Marmo.

"I was done dealing with all of it," Kohler said.

"Would you say she was obsessed?" asked prosecutor Richard Simon.

"In a small sense, yes," Kohler replied.

Thomas Houising, a Seabee, testified that he told Navy authorities about Butler's incessant talk about killing Marmo. Navy officials didn't believe him and didn't do anything about it, Houising said.

Ventura County Sheriff's Department deputies said they talked to Marmo, who suspected his wife was trying to kill him after he found the propane canisters on Oct. 14 and Oct. 28.

Sgt. Tim Waite testified that police didn't talk to Braswell about the canisters before John Marmo's death.

Toerner's lawyer, Robert "Bobby" Schwartz, asked why police didn't talk to Braswell.

"I don't know," Waite said.