Whether or not a 23-year-old rapper knew his gun had a round in it, he committed second-degree murder when he fatally shot a rival in his Anaheim home, a prosecutor argued Monday in rebuttal to the defense’s claim that the shooting was accidental.
Zachary Pickrell is charged with second-degree murder with a sentencing enhancement for the personal use of a gun. Jurors may also consider involuntary manslaughter.
Pickrell is accused of shooting 17-year-old Danilo Ashton Arauz Jr. of Anaheim on Sept. 5, 2021. Arauz was pronounced dead four days later at a hospital.
Pickrell’s attorney, Adam Vining of the Orange County Public Defender’s Office, read jurors a letter of apology from the defendant to the victim’s family that police had persuaded him to write during questioning.
Before closing arguments resumed Monday, Senior Deputy District Attorney Juliet Oliver complained to Orange County Superior Court Judge Patrick Donahue that Vining had improperly injected emotion into his arguments by reading the apology letter.
As a deputy called jurors back into the courtroom, they applauded, prompting Oliver to say, “It was funny hearing you applaud because I thought that’s what you were expected to do at the end of Thursday’s argument. Because what the defendant did was a performance… But this is not Hollywood, or central casting or a show. This is about a 17-year-old boy murdered at the hands of the defendant.”
Pickrell and Arauz grew up together and lived near each other. The two were rival rappers, and Pickrell appeared to have been angered by one of Arauz’s songs.
The dispute appeared to involve the “territory” the two had claimed in the 1700 and 1800 blocks of Holbrook Lane, where they lived. Pickrell claimed the 1700 block and was angered when Arauz released an album titled “Trappin’ Out of 1800,” Oliver said.
But shortly before the fatal shooting, the two appeared to have reconciled.
Pickrell invited Arauz and his friend, Billy Harness, to his house, where they spent time in the defendant’s upstairs studio while his mother, Lori Pickrell, was downstairs, Oliver said.
The three talked about a song Arauz had released that day titled “Seeing Red” and handled a handgun, according to Oliver. Two videos showing the men handling the gun were introduced as evidence at trial.
Oliver pointed to an element of second-degree murder law requiring proof of an “act inherently dangerous to human life.”
“So when (Pickrell) decides to pick up that gun and put it to Ashton’s head and pull the trigger that’s an act inherently dangerous to human life,” Oliver said.
Oliver also challenged Pickrell’s credibility, noting that he spent hours after the shooting lying to police about what happened. Pickrell initially falsely claimed Arauz had been the victim of a drive-by shooting.
Harness testified that he saw bullets on a table before the shooting but recalled that there was no bullet in the gun when he held it as it was being passed around, Oliver said.
The prosecutor said Pickrell “ditched the gun” after the shooting and “got rid of the casing for the bullet.”
“The man who committed murder has tampered with all the evidence at this point,” Oliver argued.
Oliver also pointed to a Dec. 27, 2020, incident in which Pickrell went to confront the victim’s friend, Julian Vigil, but instead encountered Vigil’s stepfather during a confrontation in which Pickrell brandished a knife.
The prosecutor argued that it did not matter whether Pickrell knew there was a bullet in the gun.
“He doesn’t give a hoot if there’s a bullet in the chamber because he’s going to send a message,” Oliver said. “But if he checked (the gun) we wouldn’t be here.”
Vining argued that prosecutors must prove Pickrell knew there was a bullet in the chamber.
“There was no argument, no dispute, no fight” before the shooting, Vining noted.
The defense attorney said Pickrell also attempted to help Arauz after the shooting.
Vining also questioned Harness’ credibility, pointing to contradictory statements he had made over the years.
“His memory, making things up, is consistent with his desire” to make sense of what happened, Vining said.
If Harness had believed there was a bullet in the gun, he would have stood up and tried to intervene, Vining argued.
If Pickrell had intended to kill Arauz, “Why have him come over to his house? Why did he have such a stupid cover-up?” Vining argued. “Why didn’t he take a car to run.”
In the letter, Pickrell wrote to the victim’s family, “I’m extremely sorry for the pain and suffering I’ve put you through… I loved your son so much. He was like a brother to me… Everything I’ve done was all an accident. I hope your son will be OK and make it. If anything I wish it was me.”
Vining also showed jurors an image of the defendant praying while in custody.
“None of these things negate implied malice,” Oliver responded. “He loved playing with fire and killed someone because of it.”
The prosecutor said the apology letter and prayer were “contrived.”