Boy, 17, convicted of murder in Pomona killing

POMONA -- A 17-year-old boy was convicted of murder this afternoon in the death of 24-year-old Miguel Martin, who was shot and killed in the parking lot of a Mission Avenue market.

Jose Luis Gutierrez was charged as an adult in the case, and he faces 40 years to life in prison when sentenced May 24 for second-degree murder, said Deputy District Attorney Bjorn Dodd.

A jury of eight women and four men deliberated for three days in Pomona Superior Court before reaching their verdict, Dodd said.

"I think it's appropriate," Dodd said of the verdict.

Prosecutors said Gutierrez may have been motivated to kill Martin on Dec. 5, 2008 in retailiation for a previous dispute between Martin and two of Gutierrez's friends.

A convicted accessory in the case, Albert Matthew Sandoval, testified during Gutierrez's trial that he and Gutierrez were together during Martin's killing.

Sandoval testified that Gutierrez left Sandoval's car, which was parked on the south side of Mission, and ran across the street to Guadalajara Market, in the 1100 block of West Mission.

Sandoval testified that he saw people scatter in the market's parking lot, and then Gutierrez ran back to his car holding a handgun. An eyewitness to the shooting also identified Gutierrez as the possible shooter.

During the defense portion of the case, two of Gutierrez relatives provided an alibi for him. Gutierrez's aunt and cousin testified that Gutierrez was visiting their home -- about a mile away from the market -- when Martin, of Pomona, was shot.