UPDATE: Jury Sentences Convicted Deputy Killer To Death
WOODLAND (CBS13) –- Three months after the trial begain, jurors have decided on the death penalty for convicted deputy killer Marco Topete.
The recommendation was read shortly after 2 p.m. Wednesday in Yolo County Superior Court in Woodland. Topete had no reaction as the sentence was read, but his wife was very emotional, wiping away tears.
Topete's formal sentencing by a judge was scheduled for Jan. 12. A gag order for family members and witnesses remains in effect until then. However, jurors were allowed to talk after the sentencing.
"It weighs on you emotionally," one of the jurors who identified herself as Noelle told CBS13. "Physically, I'm exhausted, ready to get back to my life and get back to work."
As to the decision to recommend the death penalty, she said, "The dash cam (video of the shooting) was hard to get around, it was clear, it was evident the level of violence this person was able to commit. And we lost an excellent police officer in the exchange."
On Oct. 4, jurors found Topete guilty of first-degree murder with special enhancements for fatally shooting Deputy Jose Antonio (Tony) Diaz after a car chase near the town of Dunnigan in 2008. He fired 17 shots at Diaz with a semi-automatic rifle, hitting him in the back.
During the trial, prosecutors argued that Topete was a gang member who hated police, and that during a high-speed chase he lured Diaz to a secluded rural road where Topete's friend lived.
The defense hoped jurors would believe their claim that Topete was under a high amount of stress at the time and suffering from ADHD.
Several members of Diaz's family were in the courtroom for Wednesday's decision. They weren't allowed to talk to reporters, but a family friend did speak with CBS13.
"To wish death upon anybody, you can't do that, it's hard on both sides of the family," Diana Quintero said of the mixed emotions. "It is what it is, we do what we do in life, we make our choices.
"I miss Tony a lot."
