Did the shooter hate police? Issue in Capt. Sparkes murder trial
It seems, based on opening statements, that Miguel Magallon's defense will focus primarily on establishing he didn't have the intent and premeditation needed to commit first-degree murder, nor is their evidence to support the special circumstances allegations. Not too much was mentioned about the drive-by shooting allegation - maybe cause that might be a tough one to refute based on trajectory, coroner and ballistics evidence.
Magallon is also accused of killing during an attempted robbery. That might also be hard to disprove since his co-defendant admitted they were out looking to steal money from someone or somewhere.
Both sides are hitting really hard the last special circumstance: that Magallon killed someone he knew, or should have known, is a peace officer. A lot of evidence will be presented to show that Los Angeles Police Capt. Michael Sparkes was a meticulous officer who abided by his training and police protocols, both on and off duty. This included always carrying his badge where he could get to it quickly, as well as his gun.
Deputy District Attorney Darren Levine and defense attorney Victor Salerno both showed the jury excerpts from a letter Magallon wrote to a friend from jail in October 2004 that was intercepted by sheriff's deputies. In it, Magallon complained about his treatment by jailers: "Like if they knew the pig that got smoked. Yeah, I said it, pig pig pig. Fuck them bitches one less you got to worry about beaten the shit out of innocent people or killen a kid talken bout 'we thought he had a weapon' or shooten somebody in tha back."
Levine points to the letter as proof of Magallon's animous toward police officers, while Salerno said it's typical of young people whose only experience with police officers is negative.
The trial continues today with testimony from Sparkes' firearms trainer, the first emergency responder to the shooting scene, the officer who arrested Anthony minutes later and the reading of Anthony's preliminary hearing transcript. I, unfortunately, won't be there, but will watch to see if City News goes and we'll hopefully put their story up.
Previously: Courtroom Dispatch: Capital murder trial begins in death of County-Harbor UCLA Medical Center top cop
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