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Sunday, May 19, 2013 | 9:10 a.m.

In The Courtroom

Posted: 5:27 p.m. Friday, Nov. 18, 2011

Victor Gomez Day 4: Found not guilty of capital murder 

By Jacob Rascon

Victim(s): Jose Vargas, 37, Jesus Vargas, 46
Defendant(s): Victor Gomez, 32
Prosecution: Jennifer VandenBosch, Dana Irwin (Assistant District Attorneys)
Defense: Joseph Vasquez, Ruben Nunez (court-appointed defense attorneys)
Events: Defense witness called, rebuttal witness called, closing arguments and verdict given
Witness 1 (defense): Detention officer Charles Harrison, guard
Witness 2 (rebuttal, prosecution): Detention Officer Otomi Cortez, custodian of records

Family and friends of Gomez waited anxiously for the verdict on Friday. Jurors deliberated for four hours.

There weren’t any family members or friends of the Vargas brothers at the trial at any time.

Remember, Gomez is one of four men accused in these killings, just the only one currently on trial. Jose Cordero is scheduled for trial in February, Jose Alarcon’s trial has not been set and Ricardo Zuniga, who witnesses have said actually pulled the trigger, is on the run in Mexico, the DA’s Office said. All of the men are Barrio Azteca members, the office said.

Irwin spoke first in closing arguments: "(Gomez) kicked and punched and stabbed (the brothers). … By getting them down on the ground, Mr. Gomez makes it possible for Zuniga to execute them," she said. She explained the jury instructions to jurors, pointing out that they only have to agree that Gomez kicked, stabbed, punched OR otherwise struck the brothers as he promoted, assisted, directed, aided OR attempted to aid in the killings, to find him guilty. This, she said, is what is meant by the "law of parties." By this law, all four accused men could be found guilty of capital murder for the same killings if they are found to have been a "party" to them, regardless of who delivered the deadly blow.

Nunez spoke first for the defense: "He is a liar, ladies and gentleman. He lies to get lighter sentences," he said, referring to the prosecution witness who said he overheard Gomez brag about the killings on a prison bus. "There's nothing at the crime scene to tie the defendant to the crime scene," he added. "It is undisputed that it was the gunshot that killed (the brothers). It is possible that if they were not shot, they could have received medical treatment and lived. (And) … Picture just how bad the lighting conditions were. Would the supposed witnesses be able to see who participated in the assault? It was too dark and they were too far away," he said. He added that the supposed witnesses to the bar fight admitted to having been drinking that night for several hours when the fight happened. He ended up talking about the law of parties, saying it only works if Gomez is found to have acted with "intent to kill."

Vasquez spoke next for the defense: He also said the witnesses to the fight could not have identified Gomez under the conditions, and added that even if he did participate, “(The fight) was over, it was done, it was finished. And Zuniga, on his own, executed these men. … There is no evidence that this was planned. There is no evidence that Gomez was involved.” He added that deputies arrested Gomez the day the killings happened and couldn’t find any blood on clothing they believe he was wearing at the bar (they did find big scratches on his abdomen and one on his forehead the deputies said “was indicative of a fight”). Vasquez accused the prosecution of appealing to the emotions of the jurors and disregarding the facts.

VandenBosch spoke last: “We are here today to hold Victor Gomez accountable for his actions. His actions led to the deaths of Jose and Jesus Vargas,” she said. “We have never told you that he shot the gun. … But if it weren’t for his beating of the two brothers, Zuniga could not have killed (them). … Remember what the bodies looked like. Not the gunshot. This is not about the gunshot wound. This is about what (Gomez) did.” She ended, saying, "Those two individuals, these brothers, were on the ground, motionless, because of (Victor Gomez). ... Find him guilty."

Previous prosecution witnesses: Dr. Juan Contin, interim medical examiner for El Paso County, Antonio Arias, El Paso County Sheriff’s deputy and several other current and former deputies and Socorro police officers, several witnesses to the bar fight and/or shooting who do not want to be identified, victims’ niece.

Previous defense witnesses: none

Jacob Rascon

About Jacob Rascon

It's great to be back in El Paso! This was home when I was younger and is where my dad, his parents and my paternal great grandparents were born and raised.

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