Jury to decide fate of teen in attempted murder trial
Published 4:00 am Thursday, December 7, 2006
- Kelsey Keean Moore-Zuniga, left, sits with his attorney, Sam Ramirez, on Wednesday morning in Deschutes County Circuit Court on the final day of his trial for attempted murder.
No one disputes that 16-year-old Kelsey Keean Moore-Zuniga shot another teen six times in a southeast Bend neighborhood on March 22.
But the reason he did it could mean the difference between his freedom and being locked up until he is at least 24 years old.
On the last day of Moore-Zuniga’s attempted-murder trial, Bend defense attorney Sam Ramirez argued Wednesday that his client acted in self- defense when he fired 11 rounds from a shotgun in the driveway outside of his house.
Six bullets from the .22-caliber rifle hit Irving Daniel, 18, in his neck, scrotum, stomach, right arm, left hand and his legs. Irving survived but testified during the trial that he still suffers from his injuries.
He said he has partial paralysis in his right arm. He was not able to raise it when he was sworn in to testify.
Deschutes County Deputy District Attorney T.J. Spear told a 12-member jury Wednesday that Moore-Zuniga ”intentionally tried to kill Irving Daniel that day by pumping him full of lead.”
Moore-Zuniga also is standing trial on charges of first-degree assault, three counts of unlawful use of a weapon and two counts of attempted first-degree assault.
He was charged as an adult under an Oregon statute that also sets out a mandatory minimum sentence for attempted murder of seven years and six months.
As Spear presented his closing argument to the jury Wednesday, he stood before a projection screen with an image of Daniel lying in a hospital bed. The photo showed the teen naked from the waist up, wrapped in bandages with tubing running from his body.
The shooting happened in the 1600 block of Southeast Skylark Drive after a neighborhood dispute came to a head, Spear said.
Witnesses testified that Moore-Zuniga had a run-in with a teenage neighbor earlier in the day.
The teen fancied himself a gangster, Ramirez argued, and was not welcome in the neighborhood. So much so that two signs could be found in the area, bearing the teen’s name surrounded by a circle with a slash through it.
After the two exchanged words, the teen neighbor went home and made some phone calls.
He got hold of Daniel and Daniel’s brother, and the three decided to go to Moore-Zuniga’s house ”to make sure this didn’t go any further,” Spears said. ”He brought some friends to back him up. In hindsight it was a stupid move, but not criminal.”
Moore-Zuniga’s pregnant sister grabbed a bat, went outside and argued with Phillips, Spear said. Meanwhile, Moore-Zuniga was inside the house playing the video game ”Grand Theft Auto: San Andreas.”
Spear said Moore-Zuniga took the graphically violent game a step further that afternoon.
When he heard yelling outside, the teen went to a bedroom, where he removed the shotgun from its case, released the safety, walked outside and began shooting, Spear said.
Irving Daniel testified that, once the shooting began, he walked toward Moore-Zuniga in an attempt to protect his brother.
Ramirez argued that Moore-Zuniga believed the three teens came to his house that day to hurt him and his sister. Moore-Zuniga had moved to Bend from the Los Angeles area just weeks earlier, Ramirez said, trying to get away from the ”gang scene.”
He said Moore-Zuniga had witnessed dozens of shootings and that group confrontations, in his client’s experience, generally led to grim outcomes.
And on the day of the shooting, he was convinced that he was in danger.
”Mr. Zuniga remembers that Irving Daniel did say ‘If you pull a gun, you’d better kill me,’” Ramirez said. ”That suggests to a 15-year-old boy that this guy is going to hurt me, this guy is going to hurt me bad. I am about to be a victim of serious physical injury in my own driveway.”
Under Oregon law, Ramirez said, self-defense is justified if a person believes he or another is in danger of imminent physical injury.
But there are limitations on that law, Spear countered.
”This form of street justice that took place was not self-defense,” Spear said.
He said a person can only use the level of force ”which he reasonably believes is necessary” to defend himself or another.
”The defendant admitted there were numerous other options available short of coming out, firing a gun and plunking kids from about eight feet away with about 11 shots,” Spear said. ”So if you find that the defendant had other options short of shooting Irving Daniel six times, then he is guilty.”
The jury was given the case at about 1:30 p.m. Wednesday and had not returned a verdict by 5 p.m., when the jurors were sent home for the night. They will continue deliberations today.