A prosecutor argued Monday during opening statements in the case of a Los Angeles High School football player's shooting death that the suspect opened fire because the 17-year-old victim was carrying a red Spider-Man backpack.
Jamiel Shaw Jr. was shot and killed in March 2008 as he talked with his girlfriend on the phone near his Arlington Heights home. A six-man, six-woman jury will hear the case against suspect Pedro Espinoza, identified by authorities as a gang member and undocumented immigrant.
The first law enforcement officer on the scene, a veteran LAPD sergeant, said the scene of Shaw's murder was "the most sorrow and despair I've ever seen," describing the site of Jamiel Shaw Sr. screaming in agony at the sight of his son's body.
"Since the last four years, we still can't believe it happened. You know, it hurts, but it had to be done," Shaw Sr. said, referring to his reliving those moments during the trial.
During opening statements in a downtown LA courtroom Monday morning, prosecutors said Shaw's red Spider-Man backpack convinced Espinoza that the high school football player was an enemy of his gang.
"That was enough for Pedro Espinoza to figure in his head that Jamiel Shaw was a possible enemy of (his gang),'' Deputy District Attorney Bobby Grace said. "Pedro Espinoza would not let this opportunity pass.''
Shaw was not affiliated with a gang.
Prosecutors will likely rely on Espinoza's heavily-tattooed body, where the letters "BK" adorn his back, neck and arms. Gang expert said the initials mean "blood killer," an allusion to murdering red-clothing rival gang members.
The prosecution's witness list includes Shaw's girlfriend, with whom he was speaking on the phone at the time of the shooting, and friends of Espinoza (pictured, right).
She testified Monday that she heard a voice ask, "Where you from?" before the line went dead.
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The murder charge includes a special circumstance allegation that Espinoza carried out the slaying to further the activities of a street gang. If Espinoza is convicted of first-degree murder with the special circumstance allegation, he could be sentenced to death or life in prison with possibility of parole.
Espinoza had been serving time for assault with a deadly weapon before he was released March 1, 2008. He was arrested six days later in the Shaw case.
Shaw's family filed a lawsuit in 2009 that claimed the LA County Sheriff's Department was negligent in releasing Espinoza. That lawsuit was dismissed, but the family has continued to push for "Jamiel's Law" -- a ballot measure that would repeal Special Order 40, the LAPD's policy designed to allow victims and witnesses to report crimes without fear of deportation due to their immigration status.
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