Closing arguments heard in Lopez murder trial Monday

EPHRATA - Attorneys presented closing arguments in the trial of two people accused of shooting Adan Beltran in Quincy in April 2011.

Benjamin Lopez Jr., 18, and Abraham Lopez, 17, both of Quincy, are on trial for first-degree murder and drive-by shooting in Grant County Superior Court. The trial started about four weeks ago.

Prosecutor Angus Lee argued the shooting was in revenge for the killing of a fellow gang member.

Defense attorneys Gregory Scott and John Crowley pointed out flaws in the prosecution's case, including the lack of DNA evidence and the credibility of Alexis Hernandez. Hernandez, a fellow gang member, reportedly witnessed the events surrounding the shooting.

Lee began his arguments by saying the murder of 25-year-old Beltran followed a long feud between two rival gangs in Quincy.

"The victim in this case did not get a fair trial. He was murdered based on simple rivalry and rumor. Nothing more," Lee said. "The rivalry goes back as long as any of the members can remember ... The rivalry has gone from fist fights to fights with weapons to fights with guns. Not just one or two, but several."

The gangs fought more than 20 times, including gun fights, Lee said. Hernandez told the jury he was shot at three times during confrontations between the gangs.

The prosecutor pointed out Benjamin Lopez was committed to the rivalry, getting into a fight with a rival gang member in school and testifying about the rivalry at a different trial.

"This is not a passing fad. This is something that (the brothers) have taken seriously. They have been doing it since they were 13, 14," Lee said. "They are now 17 or 18 and they tell you now, 'Gosh, we really want to get out of being in a gang,' but they have taken no action at any point to do that."

The rivalry reached a new level following a drive-by shooting, which led to the death of a fellow gang member. Lee characterized the relationship between the brothers and their dead friend as close, and it wasn't hard to figure out what group was responsible. Rumor was Beltran was responsible for the shooting.

"We know from our human experiences that revenge and retribution are natural human desires," he said. "The desire for revenge and retribution is a powerful motivator."

Combined with wanting revenge, Beltran lived on state Route 28, which runs through the center of Quincy. The Lopez brothers had to pass the residence to reach most places in the city.

"Think about how that would affect a 16-year-old or a 17-year-old gang member's mind," Lee said. "Every day ... you have to be reminded about the rival gang member that murdered your friend."

Lee pointed out gang members feel they have a duty to back up their fellow gang members.

The day of Beltran's murder, the Lopez brothers along with Hernandez and Roberto Murillo Vera drove to Beltran's home, he said. Benjamin Lopez gave Murillo Vera, the driver, directions to the alley next to Beltran's home.

"They went down the alley and they came to a quick stop," Lee said. "They chose a route that put Abraham Lopez, the shooter, closest to Adan, so all he had to do was open the door and get out."

Before Abraham Lopez got out of the car, he put on a bandana, pulled up the hood on his sweatshirt and tightened the drawstrings, Lee said. Eyewitnesses testified to seeing a man fitting the description get into the rear driver's side door, where others testified Abraham Lopez was sitting. When police stopped the car with the four individuals inside of it, Lopez had the only clothing fitting the description.

Once Abraham Lopez was out of the car, he quickly attacked Beltran, Lee said.

"Adan obviously know what was going to happen," he said. "Adan Beltran ran ... Abraham pursued him a short distance, shooting him with a .25 caliber semi-automatic handgun three times."

Lee said the final shot came with Beltran was on his hands and knees.

"He shot a man from behind, defenseless and on all fours," Lee said. "These are deliberate acts."

Lee pointed out Hernandez didn't have ability to develop a complex story like this.

Scott began his argument by saying the events surrounding the case represent a horrible tragedy, not only for Beltran's family, but for the Lopez brothers' family.

"No mother should ever have to bury their children. No mother should have to walk and be reminded every time she walks into her house that is where her son died," Scott said. "No mother should have to sit in a court of law and watch her two children be tried for murder."

Scott pointed out eye witnesses are unreliable, not because they are lying, but because memory can change. He compared it to football where referees use instant replay and slow motion to supplement their memory.

"They were driving along and they weren't expecting anything and they see some things happen," Scott said. "The referees are there. They are trained professionals and they are trained observers and they are right on it ... Are the referees lying? No. Sometimes what we think we see is not what really happened."

Scott pointed out issues with the DNA evidence found on the guns. The Washington State Crime Lab found Murillo Vera's DNA on the .25 caliber gun, but neither Benjamin or Abraham Lopez' DNA was included in the sample.

"Now the government wants you to find that it doesn't matter. 'Ignore all that,' they're telling us," Scott said. "Find that Abraham held the gun, manually cocked the gun and used the gun, but his DNA isn't on it."

Scott pointed out the prosecutors wanted the jury to believe no DNA was found because Abraham was wearing gloves, but the glove with Abraham Lopez' DNA included in the same was stuffed under a seat so far the cushion needed to removed to find it.

The crime lab forensic scientist can't tell how long the DNA was on the glove or how it got there, Scott said.

"Teenagers are always exchanging ... gloves," he said. "The government wants you to believe it was placed there that day. Does that make sense? No."

Without other evidence, the prosecution's case relies on Hernandez, Scott said. He pointed out Hernandez had Abraham Lopez getting out of the car with the wrong gun.

"If you believe Alex, he walks into (a barbecue) and stands there by himself for five or 10 minutes and then this car rolls up. He gets in the car, no one says a word. They drive," he said. "But Abraham is somehow putting on gloves ... In order for this to work they would somehow have to plan for Adan to be outside his house ... How would you do that? You can't."

Scott pointed out Hernandez didn't admit to anything, including using drugs and buying alcohol.

"If you lie about something where you know you're going to be cause, how can I trust you to tell the truth about something else?" Scott said.

Crowley continued to dismiss Hernandez' testimony, telling the jury he wouldn't use it even if it helped his client. He characterized Hernandez as an opportunist who had as much motive to lie about the circumstances around the shooting as Benjamin Lopez.

The defense attorney pointed out Hernandez was motivated by wanting to keep his freedom. He compared it to an older loved one who accumulated money who begins to die.

"Would they trade money for life? ... (Steve) Jobs would have traded his fortune. He would have lived on the street, if only he could buy his life back," Crowley said. "Hernandez got to make that trade. He got his life back. For what? To sit here for an hour and a half or two hours. That was the deal and it doesn't sound like a very good deal."

Crowley said Hernandez told police what they wanted to hear, but there were too many inconsistencies in his story.