Murder case headed to jury

Staff writer

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The mood in the courtroom was tense Monday afternoon as defense attorneys and prosecutors gave their closing arguments in the murder trial of Erik Pina.

Pina, 19, is accused of shooting Jose Montoya in the head at his home in 2011 and stealing his vehicle, a custom 1998 Isuzu Rodeo, which was later found gutted and burned on the side of the Arch highway. Pina, who was 16 at the time of the killing, is being tried as an adult.

Two others, 17-year-old Alberto Ramirez and 21-year-old Alonso Quinonez, were convicted in the case. Ramirez was convicted as an accessory to armed robbery and is serving time in a state juvenile facility until he is 21. Quinonez was sentenced to 11 years in prison in 2013 for his part in the shooting death of Montoya.

Deputy District Attorney Brian Stover took the floor first and laid out a summary of the state’s case against Pina for jurors and Judge Stephen Quinn.

Stover argued that the evidence in the case points back to Pina as the shooter and mastermind behind the shooting and robbery.

Stover spoke to the jury in a calm demeanor as he detailed the events that took place on April 17, 2011.

“Everything points to Pina. Nothing points away from him in this case,” Stover said.

He said the defendant was a skilled and intelligent story teller and had an answer for any question when questioned during the trial, which started Dec. 1.

Stover cited the defendant’s ability to add more to his story when questioned about smelling like gasoline the day of the killing, which Pina said was due to removing the radiator from a friend’s work truck.

Stover said Pina’s DNA was found on the pocket of Montoya’s jeans and Pina could not come up with an answer for why his DNA was found on the victim’s clothing.

Stover told the jury that evidence indicated that Pina had moved Montoya’s body after shooting him to remove the keys to Montoya’s vehicle.

Stover told jurors that all of the witnesses in the case, including Pina’s girlfriend at the time, and his own friends, had testified that they had seen Pina with a handgun before the shooting.

Pina claimed he had never handled a firearm before.

Stover closed by indicating that Pina was guilty because there was no contradictory evidence of his involvement available.

Defense attorney Randall Harris argued the defendant’s case passionately, basing his argument on a shoddy case by the state and plea deals made to other defendants in the case.

“The bottom line is, the state bought and paid for this conviction,” Harris said, referring to deals that had been given to Quinonez and Ramirez.

Harris cited law enforcement’s failure to have items such as a gas can and stolen electronics from the victim’s vehicle finger printed during the investigation. He said Pina was not tested for gunpowder residue following the shooting, which would have shown if Pina fired the fatal shot that killed Montoya.

Evidence showed that Montoya had been shot from about a foot away, according to Stover.

Harris’ plea of innocence for his client was loud and at times emotional, with Harris slamming his fist on a table while making a point.

He argued that Pina had been at the mercy of his two older friends, Quinonez and Ramirez, as they ordered him to try and hide Montoya’s vehicle at his parent’s house in Texas and later ordered him to help remove the stereo system and electronics from the vehicle before they set fire to it.

Harris then asked jurors to ask themselves if they would be satisfied with the state’s investigation had the man on trial been their son, before returning to his seat.

Stover was allowed a rebuttal after the defense rested and reminded the jury that if Pina was telling the truth, it meant that all of the witnesses and other defendants in the case would have to be lying.

Judge Stephen Quinn dismissed the jury after closing arguments had concluded.

The jury will start deliberations this morning.