A prosecutor told jurors that a then-22-year-old man murdered his accomplice with a knockoff AK-47 assault rifle during a botched convenience store robbery in El Sereno, while a defense attorney said her client had the gun forced into his hands and only shot his accomplice to protect the storeowner.
Neither side disputed that defendant Jose Alfredo Favela, now 24, shot and killed Jose Espidion on July 18, 2014, and that Favela was holding the rifle, while Espidion was armed with a machete.
Favela is charged with attempted robbery, murder, a gun allegation and a special circumstance allegation that the murder was committed during an attempted robbery.
Deputy District Attorney Fernanda Barreto told the six-man, six-woman jury panel during closing arguments that Favela was the one in charge as the two entered the Meadow Maid Market in the 5300 block of Alhambra Avenue.
Barreto conceded that Espidion “went into the Meadow Maid Market to rob it,” but “Mr. Espidion did not expect that would be his last action.”
She let the jurors handle the assault rifle during the trial so that they could see that it was “so much bigger and heavier and powerful … the machete sounds like a dangerous weapon, it is a dangerous weapon. But when you compare it to (the AK-47), you know who was in charge that day.”
Moon Chun, the storeowner, testified that he bent down to block Espidion’s access to the cash register. He said Favela then aimed at him, but the bullet struck Espidion instead, Barreto recalled.
“Even if the killing was unintentional, accidental or negligent” and even if Espidion was not the intended victim of the robbery, “the defendant is guilty of felony murder,” the prosecutor said.
And if jurors don’t agree that a felony, first-degree murder charge applies, Barreto argued that Favela should still be found guilty of second- degree murder based on his conscious disregard for human life.
“If he only intended to scare Mr. Chun,” Favela is still guilty under the law because he knew the danger involved, the deputy district attorney concluded.
The events were captured on videotape, but defense attorney Lori Harris had a very different interpretation of what happened.
She said her client, who had only been in the country for about nine months, was sitting around drinking beer at home when Espidion asked him to take a ride.
Favela knew Espidion as the “Oil Man,” a business man, and thought he was going to help pick up a load in Los Angeles and be paid $70 for his trouble, Harris told the jury panel.
Favela had never even been to Los Angeles, much less to the Meadow Maid Market, the defense attorney said.
On the road, “Mr. Espidion was using coke, he was using a lot of coke, he was drinking,” and told Favela, “we’re going to do a robbery, we’re going to do a holdup,” Harris said.
Favela said no, but Espidion threatened him and when they got to the market, “pushed him into the store at machete point” and forced the gun into his hands, the defense attorney said.
It was Espidion who was in control, she argued.
“The Oil Man, that’s a guy who likes control.” That’s why he choose Favela, who spoke “zero English” and was a follower, she said.
“(Espidion) thinks he’s a sap … All he needs him to do is just hold the gun.”
Favela saw the storeowner “struggling with the Oil Man” and realized he had put his life in the hands of “a high, crazy, crazed, agitated stranger,” Harris continued. Favela, frightened that Espidion was about to lose control, “raised the gun up over Mr. Chun and fired directly at Mr. Espidion.”
“He thought that Mr. Chun was in danger,” the defense attorney said.
“I want you to look at the video,” Harris told the jury panel. “You will not see Mr. Chun diving down,” as the prosecutor said. The storeowner didn’t hit the ground until the shot was fired, Harris argued.
Favela wasn’t committing a robbery, and when he killed Espidion it wasn’t murder, according to the defense attorney.
“I’m telling you it was justified,” Harris said. “Mr. Espidion is responsible for Mr. Espidion’s death.”
In Favela’s first trial, jurors were unable to reach a verdict and a mistrial was declared in March.
The prosecution’s final rebuttal is expected Monday afternoon.
— Wire reports