Crime

Planada man found not guilty in murder trial

A Merced County jury on Thursday acquitted a 38-year-old Planada man of murder and assault charges in connection with the Christmas-day shooting death of his brother-in-law.

Hector M. Oseguera-Barajas was defending himself when he shot and killed Jose Diaz Garcia, 32, and wounded his other brother-in-law, Roberto Diaz Garcia, the jury determined Friday, following a weeklong trial before Judge David W. Moranda in Merced Superior Court.

An argument over alcohol broke out some time after 1 a.m. Dec. 25 at a home on Fancher Avenue in Planada. Oseguera-Barajas was upset with the amount of alcohol the other men were drinking and told them to leave his home, according to his attorney, Deputy Public Defender Paul Lyon.

“They went outside for about 20 minutes, then came back into the home,” Lyon said Friday. “They charged at him while he was holding a shotgun.”

Oseguera-Barajas fired one shot that struck the ground in front of Roberto Diaz Garcia, injuring his leg or foot, authorities said.

“Then, (Jose Diaz Garcia) came at him and pushed him into the living room. My client believed (Jose Diaz Garcia) had a weapon.”

Jose Diaz Garcia said something to the effect of “this is the end of the line” and Oseguera-Barajas shot him, Lyon said. “We felt we had a very strong case for self-defense and the jury said that was the case.”

Oseguera-Barajas, who’d been in custody since Jan.16, was released from jail Thursday afternoon, according to booking records.

David Elgin, Merced County’s public defender, said he was pleased with the verdict and praised the work Lyon did in the case.

Thomas Min, the deputy district attorney who prosecuted the case, said he was “obviously disappointed, but respected the jury’s time and decision.”

“We knew this was going to be a challenging case, but we believed the facts supported the charges, but obviously the jury didn’t believe we proved the case beyond a reasonable doubt,” Min said.

Robert Carroll, chief deputy district attorney, echoed Min’s statement and noted the prosecutor “did a fantastic job.” Carroll also acknowledged disappointment and confirmed the case marks the first time in nearly a decade Merced prosecutors have lost a homicide trial.

“It’s been eight years since we lost a murder case, but we knew going in it was going to be a challenge,” Carroll said. “But, we don’t back down from any case simply because it’s challenging.”

Rob Parsons: 209-385-2482

This story was originally published July 2, 2015 at 7:12 PM with the headline "Planada man found not guilty in murder trial."

Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER