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Thursday, May 23, 2013 | 8:46 p.m.

Posted: 9:02 p.m. Tuesday, Oct. 16, 2012

Local attorney says alleged killer of police officer may have a self-defense case

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By Ric Dupont

EL PASO, Texas —

When a jury gets the case involving the suspect in the beating death of an El Paso police officer, it may have to consider whether the suspect acted in self defense.

Juan Antonio Gonzalez, 17, is charged with capital murder and faces life in prison if convicted of killing Officer Jonathan Molina.

A friend of the suspect told KFOX14 he was among people Gonzalez ran to in the moments after the attack. The man asked KFOX14 not to identify him because he was advised not to discuss the events of Sept. 25.

"He said he was a cop. I could say I was a cop too. Would you believe me? No. So when he touched him, he just defended himself, " the man said.

El Paso police said Gonzalez and two others vandalized Molina's personal car. When Molina confronted them, he identified himself as an officer. They said witnesses reported seeing Gonzalez take Molina's feet out from underneath him, slamming him to the ground. Gonzalez then repeatedly punched Molina in the head. Molina, a four-year veteran of the department, suffered a skull fracture. He died Oct. 5.

Gonzalez's friend said the suspect claimed there was more to the conversation before he attacked Molina.

"The cop touched him first and he told him, 'Hey I'm a cop. I can do whatever I want.'"

Local defense attorney Joe Spencer, who is not representing Gonzalez, said if the suspect did not believe Molina was an officer, he may have a self-defense case.

"In Texas you can use deadly force to defend yourself," Spencer said.

Spencer said a jury will have to weigh whether Gonzalez believed Molina really was an officer. They will also have to determine who touched who first.

"Question becomes whether or not a police officer can use excessive force or be brutal and whether or not a person or citizen has a right to defend themselves as well," Spencer said.

We asked El Paso police for their insight. Spokesman Chris Mears sent us this response via email:

"We do not want to try this case in the media, and will not be getting on camera every time an allegation is made. We stand by our investigation, and an independent magistrate agreed that there was probable cause to charge Gonzalez with Capital Murder. Unlike Gonzalez's friend you interviewed, we have spoken to actual eyewitnesses to the murder who's testimony supports the Capital Murder charge."

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