Closing Arguments In Trial Of Accused Cop Killer
WOODLAND (CBS13) -- WOODLAND (CBS13) -- Was Marco Topete a gang member who plotted to kill deputy Tony Diaz on Father's Day 2008?
Yolo County prosecutors say yes. But the defense hopes jurors will believe their claim that Topete was highly stressed and suffering from ADHD when he fatally shot the Yolo County deputy.
The prosecution closed its case Monday by bringing out the semi-automatic assault rifle used in the shooting, urging jurors to hold the weapon that killed Deputy Diaz.
Prosecutors argued that Topete was a gang member who hated cops, and that during a high-speed chase, he lured the deputy to a secluded, rural road, where Topete's friend lived.
They say Topete hid, waited for Diaz to exit his car, and fired on the deputy while Diaz's back was turned.
Prosecutor Garrett Hamilton urged the jury to consider the mountain of evidence proving first-degree murder.
If convicted of first-degree murder with special enhancements, Topete could face the death penalty.
But Topete's lawyers say the prosecution's first degree murder theory is riddled with doubt, and they argued that Topete was not a gang member at the time of the shooting and did not plot to kill Diaz.
They cited testimony from psychiatric experts, painting Topete as a stressed-out father who suffered from mental problems.
In the end, the defense argued the prosecution had not met the burden of proof for first-degree murder.
