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Heated Remarks Precede Verdict In Slaying CaseDavid Tapia, 28, was convicted by a District Court jury of second-degree murder Wednesday afternoon, after a two-dav trial which ended with heated remarks by attorneys and a threat from the judge.The jury of seven men and five women deliberated only 30 minutes before finding Tapia, of Santa Fe, guilty of the shooting death last bet. 7 of Tony Prado Chapa, 24, a bartender at the Elbow Room Bar, 210 Second S.WDist. Judge John B McManus, who presided at the trial, requested a pre-sentence report. The conviction carries a possible 10-50-year prison term.Appeal FiledDefense attorneys Charles Driscoll and Lorenzo Tapia (a distant cousin of the defendant) said they plan to file an appeal.Courtroom protocol was shattered shortly before the case was to be submitted to the jury, when Driscoll took offense at a remark made by Asst. Dist. Atty. Jack Love, prosecutor, and threatened him with physical violence.Love, in his final arguments referred to DriscolPs allegedattempt to arouse the sympathy of the jurors, saying: *‘I can’t work up any tears whatsoever for this defendant, and I submit to you there’s a dollar sign for every tear that’s shed on that side of the counsel table (pointing to the defense).’*Driscoll then jumped to his feet and moved for a mistrial, which Judge McManus denied.Attack Threatened“I ask the court to instruct counsel not to make another remark like that,” Driscoll said, obviously angry , . . “If he does, he may be physically attacked in this courtroom.”“You’ll have to get to him over me,” McManus then told Driscoll.Driscoll snapped back at Judge McManus with the remark: “Well, I just might do that,” and again demanded that Love be instructed to refrain from making furtherstatements like his previous-one. |Judge McManus finally pointed his finger at Driscoll and ordered him to “sit down.”Faces $50 Fine“I’m going to fine you $50 if you’re not down by the time I count to three,” the judge aaid.Driscoll said he didn't have to count that far, sat down,and apologized to the judge Final arguments continued with the prosecution contending Chapa's shooting was a premeditated act on Tapia’s part, and that whether the act was planned was immaterial, had followed him several Voluntary intoxication is not a blocks and threatened him defense in a second-degree about a week prior to the murder case, Love argued, shooting.Tapia and Driscoll alleged Miss Sandoval testified that that the defendant was drunk she had forced Tapia to go and did not know where he into the Elbow Room the day was or what he was doing Chapa was killed, and added at the time of the shooting, that Tapia had tried to shake They contended there was an h a n d s several times withabsence of premeditation. Not PaidifChapa, who refused. She saidChapa called Tapia “b a d Tapia told the jurors thaLnames although he is related to the The witness refuted her defendant he is not getting police statement by saying she paid for his work. did not remember giving it.The defendant took the She said, “That’s pretty stand on his own behalf crazy,” when asked if she Wednesday and testified that told police Tapia had threat-he does not remember having ened to get even with Chapa, a gun or shooting Chapa. He Miss Sandoval told the court said he began drinking early Tapia looked at her “like a that morning with a former nut,” after the shooting.Sandoval. 29. Several “character witness-of 514 Coal SWes“ testified for the defenseTapia stated that Chapa had along with Dr. Simon Herman, beat him up several weeks psychologist, who said h e before the shooting “for no does not think Tapia’s act was reason.” He also said Chapa premeditated.
Newspaper Details
Albuquerque Journal
Albuquerque, New Mexico, US
Thu, Mar 03, 1966
Page 19
Full Page
Clipped by
Greg P.
AU 21 Jun 2023
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