Lopez brothers found guilty of second-degree murder

EPHRATA - A Grant County jury found the two people accused of shooting 25-year-old Adan Beltran guilty of murder Wednesday.

The jury returned the verdict after roughly two days of deliberation. They acquitted Abraham Lopez, 17, and Benjamin Lopez Jr., 18, both of Quincy, of first-degree murder, instead convicting them of second-degree murder and drive-by shooting.

Prosecutor Angus Lee called the April 2011 shooting the result of a long standing feud between two Quincy gangs. Beltran was rumored to have shot one of the Lopez brothers' fellow gang members in November 2010.

The brothers and two other people drove to Beltran's home and shot him three times, according to court records. Abraham Lopez was accused of being the shooter, while Benjamin Lopez was accused of giving directions to an alley by Beltran's home.

"Obviously we're happy with the verdict," Lee said. "The jury took their time, considered a great deal of evidence, presented over a four-week period. They rendered an absolutely just verdict, and I'm glad that both defendants are being held accountable for the murder of Adan Beltran."

Lee hoped the verdict brings a level of closure to Beltran's mother, sister and niece, he said. Beltran's niece is the person who called 9-1-1 shortly after Beltran was shot.

Both defense attorneys, Gregory Scott and John Crowley, said they plan to appeal, saying they believe the brothers weren't responsible for the killing.

"I'm totally disappointed," Crowley said. "This is not the last chapter, I can tell you that ... During closing arguments, the prosecution talked about a fact that was excluded by the judge, which was his rendition of how the driver of the car was somehow convicted as an accomplice. It was objected to, but the jury still heard the whole thing."

Crowley also argued the prosecution's case rested on one witness. Both Crowley and Scott noted the driver, Roberto Murillo Vera, couldn't testify because he was presently charged in Douglas County with unlawful possession of a firearm. The charges stemmed from the guns found in the car after police stopped them.

Crowley said Murillo Vera contacted the Lopez family to identify the shooter.

"We feel like there was a strategic play made in that Murillo was miraculously charged with felon in possession up in Douglas County ... and they haven't resolved that case, so he's got an unresolved case up there ... we think the purpose of that was to make it so Murillo wouldn't testify." Scott pointed out the case, even if viewed in the most favorable way for prosecution, wasn't first-degree murder.

"The jury saw through that. I think it was over-charged from the get-go," he said. "The state's theory that this was all pre-planned and laid out that doesn't make sense. It can't be that way."

Prosecutors plan to drop the second-degree murder charge against the fourth person in the car, Alexis Hernandez, Lee said. He did not say when the charge would be dismissed.

"There was virtually no way to obtain a conviction without the cooperation (of Hernandez,)" he said. "He was immediately cooperative with law enforcement and indicated he was willing to tell the truth about what happened." Lee said the all the evidence showed Hernandez arrived in Quincy a short time before the murder and got into the backseat of the car with the other three occupants, and Hernandez believed they were simply going to find some marijuana and smoke it.

"Obviously there was something else in the minds of the other occupants or planned by the other occupants in the car," he said. "All the physical evidence and eyewitness testimony supported the information that (Hernandez) provided about what happened. It was apparent that his involvement was merely as a passenger in the car who took no affirmative steps to assist in the actions of the others."

The defense attorneys previously disagreed about Hernandez being immediately cooperative, saying he took a couple days before telling officers the details of the shooting. Crowley and Scott also argued the physical evidence didn't match with Hernandez' story.

"It's interesting that Alex is the only one who is getting an absolute walk," Scott said. "I've never had a case where that has been the case. Typically what happens is there is some consideration, but there is an accountability as well, but in this case, there was absolutely no accountability for Alex."

As of now, Benjamin Lopez faces a possible sentence of 10 to 20 years in prison, and Abraham Lopez faces 13 to 23 years in prison, Lee said. Sentencing was scheduled for Jan. 15, but it's likely to change. The brothers still face a hearing on an aggravating factor of rapid recidivism. If they are found to have committed the aggravator, they could see up to life in prison. Abraham Lopez still faces one count of second-degree unlawful possession of a firearm, which also will be tried at a later time.