By Aziza Nussipov and Jose Medina
ALAMEDA – Deputy District Attorney Maggie Calonge and Deputy Public Defender Laurel Arroyo each delivered closing arguments here in Alameda County Superior Court Thursday in Jesus Danilo Lima’s jury trial—both said Lima shot and killed someone, but counsel differed on his intentions.
DDA Calonge argued that the prosecution had shown there was malicious intent behind Lima’s actions, reminding the court that he had threatened the victim many times previously and chose to act dangerously with that intent.
On the other hand, Arroyo explained in her closing remarks that the prosecution had not proven beyond a reasonable doubt that Lima’s actions were planned or carried out with malicious intent. She explained why his character, history, and decisions on the day of the shooting were contrary to the belief that he could have been acting in a dangerous way intentionally.
“Doesn’t matter your age, doesn’t matter the circumstance,” Calonge reminded the court, “he was actively pulling out the gun. He charged forward and shot [the victim]…shot him in the chest.” She said Lima had even threatened the victim on numerous occasions, emphasizing that “he actively said it and said it repeatedly.”
Calonge stated that Lima had even once told the victim “he knew where he lived and that he was going to kill him” and that he would “put a hole” in him. When it came to it, Lima thought about life, thought about death, and “chose death,” she said.
Calonge revisited the inconsistencies in Lima’s statements, pointing out that during the trial, Lima had “lied to the police … he lied that the truck was stolen, he lied about the circumstances.” Then, on the point that Lima had stated he “didn’t want trouble,” she argued, “you don’t want any trouble but you keep your hand on the only
gun that’s there?
“He shot him in the guts at close range,” Calonge said, and “he claimed on the stand he didn’t know it was loaded, which is absurd … he knew it was loaded … [The defendant] shot him because he meant to shoot him.”
Finally, Calonge stated, “There is only one reasonable conclusion: that the defendant is guilty …”
The defense’s closing remarks emphasized Lima’s adolescence, his story of self-defense, and the prosecution’s failure to prove Lima had malicious intent beyond a reasonable doubt.
“Lima, who we know had some limitations in his mental functions,” Arroyo stated, “made decisions only a teenager would make, only a teenager who doesn’t see the danger.” She further explained, “[adolescents] are not aware of the kind of things that can happen.”
Arroyo elaborated that the shooting could have been “in self-defense, voluntary manslaughter, involuntary manslaughter,” but “this is not murder,” adding “Lima is not the initial aggressor…maybe a poor decision-maker.”
He was saying things like “Take it easy,” and “I don’t want any problems,” Arroyo clarified, “His actions are not aggressive.”
She reminded the jurors that “if you have one reasonable doubt, the law protects us all,” listing three reasonable doubts:
“Reasonable doubt #1,” she said, “this was not a fist fight … In a fist fight, everyone agrees to fight … this
was not a fist fight … Lima thought they were armed, five on one, he didn’t wanna fight.
“Reasonable doubt #2, Lima’s story is consistent … He’s telling the truth come hell or highwater … he’s telling the truth whether or not it’s good for him. He told the police three and a half years ago that they were taking photos of the truck … and that he unintentionally reacted badly … all of those things he said while he testified and also when he told the police his story a few years ago.
“Reasonable doubt #3 … if he wanted to kill, he would’ve fired the gun sooner, if he wanted something against [the victim] he could’ve gone to his house, he could have set him up.” Arroyo stated, “Lima acted in a way that expressed his fear.”
Defense attorney Arroyo aimed to appeal to the compassion of the jury asking them to take Lima’s past and brain development into consideration when reaching a verdict.
Arroyo reminded the jury that Lima is prone to acting rashly due to his upbringing. She stated that taking into consideration “his stepdad’s repeated beatings, his stepdad carrying a machete, and his stepdad forcing him to go to work instead of school,” Lima would not develop into a considerate person.
Arroyo added that Lima was in a hostile environment that would further aggravate his reactions. She stated that the incident “was in front of the liquor store, in a dangerous neighborhood, and a group of people was approaching him using aggressive language.”
Taking all of these arguments into consideration, Arroyo insisted to the jury that Lima acted out of imperfect self-defense. She reminded the jury that Lima legitimately thought that he was in danger at the moment, but that he was not acting consciously.
DDA Calonge was not convinced by the defense’s arguments and implored the jury to look at the facts of the incident.
She refuted the defense’s arguments by saying “when Ms. Arroyo said Lima was afraid that very well may be but he wasn’t unconscious. He grabbed the gun and shot it.” She told the jury that, despite the hostility shared between Lima and the victim’s group, it does not justify Lima’s use of a gun in a quarrel.
Calonge continued to attack Arroyo’s arguments, adding that “this took time, this took steps, he stepped out of the car and made a decision to approach the victim’s group with a gun at his waistband.” She maintained that “they want you to ignore he had a gun, that he shot someone and killed him.”
The jury took a weekend break and will reconvene next week to determine a verdict.
Aziza Nussipov is a junior at UC Davis majoring in Political Science. She is also a DJ for a freeform radio station, KDVS 90.3FM, and a part of the ASUCD Gender and Sexuality Commission.
Jose graduated from UC Davis with a BA in Political Science and has interned for the California State Legislature. He is from Rocklin, CA.
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