Prosecutor: How can it be self-defense when victims were running away?

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by Eric Gonzales / KENS 5

kens5.com

Posted on February 28, 2012 at 7:27 PM

Updated Tuesday, Feb 28 at 7:42 PM

SAN ANTONIO -- Attorneys started closing arguments Tuesday in the Eric Mendoza trial. He is accused of shooting two people in the back at Extreme Sports Bar on West Avenue three years ago.

The prosecution tried to show there was no backing down from Mendoza, who was accused of having gang ties. They said his group outnumbered the victims six to three. 

They reminded the jury that they were the aggressors despite the defenses claim that Mendoza’s group was being provoked.  

The prosecution also disputed any claims by witnesses that he shot in self defense. They said Mendoza was a hot-head, and that the victims were running away when they were shot in the back.

Prosecutor Rita Spiegal said that one of the victims had a gun that was still in his waistband in a holster as he lay dead. 

The defense attacked the way police processed the scene.

They say that an officer grabbed the gun from the victim and put it in his own pocket with his bare hands.

They also picked apart witness testimony that described the shooter.  Defense attorneys said, based on the various descriptions of the shooter, he could have been fat, bald with full hair, either had dark or light skin, with big ears. 
 

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