Jury begins deliberations in Modesto murder trial

A jury began deliberating Friday afternoon in a trial for six defendants accused of murder in the death of a 20-year-old man stabbed and shot in a north Modesto attack.

The prosecution says Erick Gomez was targeted by Sureño gang members hunting down rival Norteño gang members seeking vengeance Feb. 14, 2013. The defense says Gomez was shot by a gunman who remains a fugitive and stabbed by a co-defendant who became a key prosecution witness, and that the other defendants are not responsible for his death.

The jury of four women and eight men began deliberations about 2:40 p.m. Friday. The murder trial was held in a former federal bankruptcy courtroom in downtown Modesto to allow more space for the increased number of defendants, attorneys and bailiffs.

The jurors are expected to return Monday to continue their deliberations in Stanislaus Superior Court. Before the fate of the defendants was handed off to the jury, the attorneys wrapped up three days of closing arguments.

Tony Serra, a legendary, eccentric trial lawyer from San Francisco, represents Jenna Sebourn in the trial. Using a poetic tone of voice in a closing argument that in some ways was like a sermon, Serra explained to the jury that the lack of evidence against his client points to her innocence.

The defense attorney argued that she did not participate in or hear talk of retaliation, she did not participate in any gang confrontations that day, she never participated in gang activity and she doesn’t have a criminal record, not even a traffic ticket.

Serra told the jury that Sebourn does not fit the profile of someone with a street gang mentality, and she testified in the trial without being impeached. “She stands like a shimmering light of innocence ... she withstood cross-examination.”

Deputy District Attorney Tom Brennan has characterized Sebourn’s testimony as “deaf, dumb and blind.”

Sebourn testified that she dropped off three co-defendants not far from where Gomez was stabbed and shot in north Modesto last year, and she didn’t see the violent confrontation or hear gunfire. When she made a U-turn to head to her grandmother’s home, she said, she spotted her three passengers heading back to her car.

Nine people have been indicted in connection with Gomez’s death: Giovani Barocio, Nancy Rodriguez, Jeanette Robles, Elida Carranza, Jenna Sebourn, Dalia Mendoza, Lisandro Mendoza, Jesse James Sebourn and Michael Terrill Sebourn.

Dalia Mendoza is being prosecuted separately. She has agreed to a plea deal with prosecutors in exchange for her testimony against her co-defendants. Robles’ mental competency has come into question, so she also will be prosecuted separately. Barocio, the suspected gunman, remains a fugitive.

Serra has gained national prominence for his closing argument technique, according to his law firm’s website. The San Francisco Chronicle reported that Serra takes on cases pro bono, and his legal practice survives on paid criminal defense work, often out-of-state marijuana cases, tried with the aid of local co-counsel.

The attorney’s lengthy career has a long list of high-profile cases, including the defense of Raymond “Shrimp Boy” Chow, alleged leader of a Chinatown money-laundering ring, in a case that has targeted state Sen. Leland Yee.

On Friday, Serra challenged the credibility of Dalia Mendoza, who will receive a five-year prison sentence on a charge of attempted murder. Prosecutors have agreed to drop the murder charge against her in exchange for her testimony.

Serra told the jury Dalia Mendoza was the only one who said Jenna Sebourn was a getaway driver in the attack on Gomez. He said his client became an “unwilling chauffeur” directed by her co-defendants where to drive before Gomez was attacked.

The defense attorney called Dalia Mendoza a homicidal sociopath the jury cannot believe. “Her life is lying. She is a serial liar,” Serra said about Dalia Mendoza.

He also told the jurors that they should thank the prosecutor for making a deal with Dalia Mendoza, who claimed on the witness stand she fired at people in drive-by shootings. Serra said she gained respect in the gang for her killer instinct, and her deal with prosecutors is a disgrace.

“She’s going to be out soon,” Serra said of Dalia Mendoza. “She was always a homicidal maniac, she always will be.”

The prosecutor said Dalia Mendoza provided the Sureño insight the jury had to hear to learn how a street gang conspires in an attack on rivals. Brennan told the jury it’s not an easy decision to agree to a deal with a defendant like Dalia Mendoza, what he called “rolling on a defendant.”

“But an incentive has to be given in order to roll on somebody,” Brennan said in his rebuttal argument Friday.

Dalia Mendoza has crossed the line in the gang underworld by testifying, the prosecutor told the jurors. When she leaves prison, she will be targeted by Sureños and the prison gang the Mexican Mafia if she returns to criminal activity.

“She absolutely has to change her life or die. ... She has a death warrant,” Brennan said about Dalia Mendoza.

The prosecutor said Dalia Mendoza will testify in the trials for Robles and Barocio, when authorities find him. If she doesn’t, she will stand trial just like her co-defendants and face a maximum sentence of life in prison, Brennan said.

“She’s a tool for the prosecution, and I’m not done with her,” Brennan told the jury. “She will be there all along the way.”

This story was originally published January 9, 2015 at 5:52 PM with the headline "Jury begins deliberations in Modesto murder trial."