Mistrial Requested After Emotional Outburst On Day One Of Yolo Co. Deputy's Murder Trial
WOODLAND, Calif. (CBS13) – A judge denied a request for a mistrial after an emotional first day in court in the trial of a man accused of ambushing and killing a Yolo County Sheriff's deputy back in 2008.
Marco Topete is accused of using a rifle to kill Yolo County Sheriff's Deputy Jose Diaz after a car chase near Dunnigan in June of 2009.
During the opening statements, Yolo County Prosecutor Garrett Hamilton said that Topete was a known Norteno gang member, had served time in prison and had even written letters about his hatred of cops.
Hamilton explained how Topete had just come from another shooting and had a rifle in his car, along with his baby daughter in the back, when Deputy Diaz attempted to pull him over.
Topete refused and led Deputy Diaz on a high-speed chase that ended near Dunnigan. Prosecutors say Topete waited for Diaz to approach his car before firing at least 17 shots at the deputy.
The prosecution showed the dashboard camera footage of the chase and incident. As the video played, some of Deputy Diaz' family members began sobbing and a few even ran out of the courtroom. While the video showed the chase, it did not show the actual shooting but the 17 shots fired by Topete could be heard on tape.
Judge Paul Richardson then told the jury to dismiss the emotional outbursts and focus on the evidence. However, the defense attorney said the damage had already been done and asked for the mistrial. Judge Paul Richardson denied the request.
