Analysis of Closing Arguments Part One: Prosecution and Defense’s Discrediting the Gang Charges
After over three years of waiting, and months of trial, the case of Marco Topete accused of the shooting death of Yolo County Sheriff’s Deputy, Tony Diaz, finally went to the jury. And while the odds may be clearly stacked against the defendant in this case, his defense made a surprisingly strong case for second degree murder.
Mr. Topete faces, among his seven charges, murder in the first degree with four special circumstances – murdering a peace officer, murder in order to avoid arrest, lying in wait and a gang special circumstance. He also faces an enhancement for the use of the gun to commit murder.