A 21-year-old man was convicted Thursday of the shooting deaths of a 22-month-old boy and the toddler’s uncle, who were struck by stray gunfire in South Los Angeles more than three years ago.
The Los Angeles Superior Court jury deliberated about 2 1/2 hours before convicting Davion McClelland of two counts of first-degree murder for the May 23, 2011, shooting of Joshua Montes and his uncle, Josefat Canchola, along with two counts of attempted murder involving the intended targets.
Jurors found true a special circumstance allegation of multiple murders, along with gang and gun allegations.
McClelland is facing life in prison without the possibility of parole, with sentencing set for Dec. 5.
Deputy District Attorney Russell Moore told jurors that McClelland and an accomplice rode bicycles into neighboring gang turf in an effort to locate rival gang members, and that one of the two began firing at two men, who hid behind a car.
None of the shots hit their intended targets, but the toddler and his 46- year-old uncle — who was holding the little boy — were struck by the same bullet, which went across the street, through a vacant lot, through a fence and into a backyard, the prosecutor told jurors.
The toddler died the same day, and Canchola died two days later.
“If there’s a reasonable doubt in this case, it’s as to whether (the) defendant was the actual shooter. On the other hand, there is no reasonable doubt that (the) defendant was one of the two young men on bicycles,” Moore told jurors, saying the evidence “establishes the defendant’s guilt … beyond a reasonable doubt.”
In his closing argument, defense attorney Marc Lewinstein countered, “My position is he wasn’t there. They haven’t proved he was there.”
McClelland’s attorney said there was “enormous pressure” on police to solve the case, telling jurors that authorities had to “make the case fit” after McClelland’s arrest.
He urged jurors to set aside their emotions, saying he understood they were angry about a “senseless tragedy.”
After the verdict, Lewinstein said, “Our thoughts and prayers go out to the families.”
He said the defense would be filing an appeal.
The prosecutor said he believed it was a “just verdict.”
But he said, “Nobody wins … Joshua is not coming back. Josefat is not coming back,” adding that he didn’t feel any joy or excitement about the 21- year-old defendant potentially spending the rest of his life in state prison.
— City News Service