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Friday, Nov. 21, 2008

Jury to decide fate of homicide defendant

Jurors in the case of a 23-year-old man accused of the April 2006 killing of Atwater resident Jose Miranda are now deliberating, after closing arguments in the trial Thursday.

The defendant, 23-year-old Marcus Dion Whittaker, is accused of participating in a robbery in the 1800 block of Kibby Road -- a robbery that ultimately resulted in the shooting death of 38-year-old Miranda.

The other defendant in Miranda's killing, 25-year-old Raymond Anthony Brown, was found guilty by a Merced County jury on murder and robbery charges in July. He was sentenced to life, plus six years and four months, in prison.

Deputy District Attorney Tom Cooke said Whittaker and Brown tried to rob Miranda and his friends, but the victim tried to resist the robbery and was shot.

The prosecution's primary witness in the case was 23-year-old Fernando Garza Barrera, who testified that he was with Whittaker and Brown the night of the killing. Barrera is also Brown's brother-in-law.

Cooke said although Barrera drove with the defendant and Brown the night of the killing, he was not a co-conspirator and had no idea that a robbery was going to happen.

Whittaker also robbed a taco truck less than 48 hours before Miranda was killed, Cooke said, adding that the steering wheel of the car used during the robbery also contained DNA consistent with Whittaker's.

The prosecutor also said Whittaker had tried to dissuade a defense witness from testifying during the trial. "That man right there is a killer -- and you should find him guilty of all of those charges," Cooke said, pointing his finger at Whittaker.

Ernie Spokes, Whittaker's attorney, called Barrera a habitual liar who told investigators several times during interviews that he would do anything to keep himself out of jail. "Mr. Barrera told you a truckload about his truth and veracity with the number of times he said, 'I'll do anything to get out,'" Spokes said. "In other words, you tell what I have to testify to, and I'll testify to it."

Spokes said Barrera also made statements to investigators he was scared of -- and disliked -- black people (Whittaker is black). Spokes also dismissed the prosecution's DNA results as "faulty," saying that Whittaker could have driven the car used in the robbery under other circumstances.

During the trial, Barrera testified that his yellow 1998 Ford Mustang was driven by Whittaker during the robbery. He said the Mustang pulled behind the car in which the victim was a passenger, and Whittaker and Brown got out and approached the victim and his friends.

A struggle erupted between the victim and Brown, Barrera said, adding that he then heard a single gunshot, followed by "maybe three or four" more shots. Barrera said he was also threatened by Whittaker and told not to say anything about the robbery.

Whittaker is charged with murder, attempted robbery and a variety of enhancements. He remains at the Merced County Jail in lieu of $2.9 million bail.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.