2861

l
l
1 ALL THE TIME SMILING, ALL THE TIME IN A DRESS CODE WITH
l
2

4
HIS TIE, AND REALLY CHEERFUL TO EVERYBODY. AND I WILL

REMEMBER FOREVER, AND I KNOW WE WILL MEET HIM ONE DAY.

THANK YOU.
, j

5 THE COURT: THANK YOU, SIR.

l
6
7
MR. TROCHA.
MR. TROCHA: I BELIEVE THAT WRAPS UP THE
,
8

9
FAMILY. THE PEOPLE WOULD LIKE TO SUBMIT ON THE

PROBATION REPORT.
, J

10 THE COURT: THANK YOU.

11 MS. BOWYER, IS THERE ANYTHING FURTHER ON BEHALF l
12 OF THE PROBATION DEPARTMENT?
1
13
14

15
HONOR.
THE INVESTIGATING OFFICER: NO, THANK YOU, YOUR

AS SUBMITTED BY THE PROBATION DEPARTMENT.

THE COURT: THANK YOU.
, J

l
16

17

18
MR. SPEREDELOZZI.

MR. SPEREDELOZZI: THANK YOU, YOUR HONOR.

AT THIS TIME MR. DOMINGUEZ WOULD LIKE TO MAKE A
, J

19 STATEMENT.
l
20

21 YOUR HEART.
THE COURT: HE MAY. MR. DOMINGUEZ, SPEAK FROM

YOU ARE FREE TO STAND OR SIT, AS YOU WISH. ,

22
23
24
FAMILY.
THE DEFENDANT: NO, I JUST WANT TO ADDRESS THE
YOU KNOW, I DIDN'T DO THIS. YOU KNOW, THIS
IS -- THERE IS NO JUSTICE BEING DELIVERED HERE TODAY,
, J

1
,
25 NOT FOR MOISES OR MYSELF, BECAUSE MY LIFE IS BEING TAKEN I

26 AWAY TOO FOR SOMETHING I DID NOT DO.

27
28
I DIDN'T TOUCH THAT LITTLE KID.
THAT HAPPENED, I'M 30 YEARS OLD.
AT THAT TIME
I GOT A 13-YEAR-OLD , J

1 j
r 2862

r 1 SON CLOSE TO HIS AGE THAT I DON'T EVER SPANK.

r 2 I NEVER TOUCHED MOISES THAT NIGHT. I DIDN'T

3 SHOOT HIM. I DIDN'T BEAT HIM UP. I DIDN'T DO NONE OF
r 4 THAT, YOU KNOW. BUT THERE'S TWO VICTIMS IN THIS CASE:
5 ONE IS HIM AND ONE IS ME. AND THERE IS TWO LIVES TAKEN
r 6 AWAY UNFAIRLY. THERE IS TWO PEOPLE BEING TAKEN AWAY

r 7
8
FROM THEIR FAMILY UNFAIRLY. AND ONE OF THEM IS ME,
BECAUSE I HAD NOTHING TO DO WITH THIS.

r 9
10
I'M A VICTIM OF A SMALL MAN'S BIG EGO, A EGO SO
BIG HE ALLOWED EACH WITNESS TO GET UP ON THE STAND AND
r 11 LIE. AND NOT JUST LIE, BUT HELP PERFECT THE LIES. HE

r 12
13
COACHED THEM IN THEIR LIES, IN THEIR STORIES.
WITH SUCH A BIG EGO THAT HE WOULD DO THAT.
A GUY

r 14
15 FAIR TRIAL.
THIS TRIAL WAS FAR FROM FAIR. I DID NOT GET A
MY FIRST TRIAL WAS FAIR THAT IS WHY I DID

r 16
17
NOT GET CONVICTED. THIS TRIAL WAS FAR FROM IT.
ALMOST DISGUSTS ME TO SIT HERE IN THIS COURTROOM AND SEE
IT

r 18 WHAT HAPPENED THROUGHOUT MY TRIAL.

r 19
20
YOU KNOW, I'M INNOCENT.
BEING DELIVERED HERE TODAY FOR ANYBODY.
THERE IS NO JUSTICE
NOT FOR THE
21 FAMILY, NOT FOR MY FAMILY, FOR NOBODY. MY LIFE IS BEING
r 22 TAKEN AWAY UNFAIRLY FOR SOMETHING I HAD NOTHING TO DO

r 23
24
WITH. NOTHING.
I NEVER TOUCHED THAT LITTLE KID. HE'S A LITTLE

r 25
26
KID. THERE IS NO WAY I COULD EVEN YOU KNOW, I COULD
EVEN FATHOM JUST TOUCHING THAT KID OR BEATING UP A
r 27 15-YEAR-OLD KID. I'M A GROWN MAN. I DON'T SPANK ANY OF

r 28 MY KIDS.

r
 2863
l
l
1 FOR SOMEONE TO THINK I WOULD DO SOMETHING SO
2 HIDEOUS IS BEYOND BELIEF. I FEEL SORRY FOR THE MOTHER l
3 AND FATHER, OF COURSE. THEY LOST THEIR SON AND I
4 UNDERSTAND THEY ARE ANGRY, BUT THEY'RE ANGRY AT THE l
5
6
WRONG PERSON.
ALL OF MOISES' BEST FRIENDS CAME AND TESTIFIED
l
7 ON THE STAND FOR ME. HIS BEST FRIENDS ARE NOT GOING TO
l
8
9
DO THAT FOR THE PERSON THAT KILLED MOISES.
FRIENDS CAME AND TESTIFIED FOR ME.
ALL OF HIS
ALL OF THEM, BECAUSE
, l
10 THEY KNOW I DIDN'T DO IT.
11 THE STREETS KNOW WHO DID IT. HIS BEST FRIENDS l
12 KNOW WHO DID IT. IF YOU GUYS WANT TO KNOW WHO DID IT,
13 ASK THEM. THEY KNOW. EVERYBODY KNOWS WHO DID IT.
l
14
15
I DIDN'T DO THIS.
KID AND I NEVER SHOT HIM.
I NEVER TOUCHED THAT LITTLE
AND I HOPE IN YOUR GUYS'
1
16 HEART THAT YOU GUYS BELIEVE ME. I UNDERSTAND YOU GUYS
l
17 FORGIVE ME, YOU KNOW, BUT I DIDN'T DO IT.
18 YOU KNOW, THE LORD UPSTAIRS KNOWS WHO DID IT 1
19 AND HE KNOWS I'VE BEEN JUDGED UNFAIRLY. AND, LIKE I
20 SAID, I JUST WANT TO APOLOGIZE TO THE FAMILY FOR HAVING l
21 TO GO THROUGH SOMETHING LIKE THIS, BUT IT WASN'T MY
22 FAULT. IT WASN'T MY DOING.
l
23
24
AND THAT'S ALL I GOT TO SAY, IS THAT I'VE BEEN
TREATED VERY UNFAIRLY THROUGHOUT THIS CASE, AND WHATEVER
l
25 IS GOING TO HAPPEN TODAY IS NOT JUSTICE. THERE IS NO l
26 JUSTICE BEING HANDED OUT TODAY FOR MYSELF OR FOR MOISES.
l
27
28
YOU KNOW, ALL YOU GUYS ARE TALKING ABOUT GOD
AND JESUS CHRIST, HE KNOWS WHO DID IT AND HE KNOWS I'M
,
l
~
I

2864
r
(

1 INNOCENT TOO, AND HE KNOWS I'VE BEEN TREATED UNFAIRLY

r 2 THROUGHOUT THIS WHOLE TRIAL. MY SECOND TRIAL WAS JUST

r 3

4
BASED ON LIES, AND IT WAS JUST MADE FOR ME TO LOSE

BECAUSE I HAD NO CHANCE OF WINNING THIS TRIAL, MY SECOND

r 5

6
TRIAL.

ALL THE CARDS WERE STACKED AGAINST MYSELF AND

r 7

8
MY LAWYER. AND HE DID A GREAT JOB REPRESENTING ME, BUT,
LIKE I SAID, YOU KNOW, THERE WAS -- PEOPLE WERE ALLOWED

r 9

10
TO GET UP ON THE STAND AND LIE AND GET CAUGHT IN THEIR
LIES. LIE AFTER LIE. YOU KNOW, I DON'T SEE HOW
r 11 SOMEBODY COULD PUT PEOPLE ON THE STAND KNOWING THAT THEY
12 ARE LYING. BUT THAT'S WHAT HAPPENED THROUGHOUT MY
r 13 TRIAL.

r 14

15
AND LIKE I SAID, I HOPE YOU GUYS FORGIVE ME,

BUT I DIDN'T DO ANYTHING. YOU KNOW, I HOPE YOU GUYS

r 16

17
AREN'T MAD AT ME, BECAUSE I DIDN'T DO ANYTHING.

GUYS WANT TO KNOW WHO DID IT, GO THROUGH THE DISCOVERY,

IF YOU

r 18

19
GO THROUGH THE PAPERWORK. IT SAYS WHO DID IT.
WHY I GOT ACCUSED OF IT IS BEYOND ME, BUT, LIKE
r 20 I SAID, THERE IS TWO LIVES BEING TAKEN AWAY RIGHT HERE,

r 21
22
AND ONE OF THEM IS MINE, AND THEY'RE BOTH BEING TAKEN

AWAY UNFAIRLY.

r 23

24
LIKE I SAID, THIS TRIAL WAS A HIDEOUS TRIAL.
IT WAS NOT FAIR. A LOT OF STUFF WAS ALLOWED TO GO ON

r 25
26
THAT SHOULD HAVE NEVER WENT ON.
KNOW,
BUT, LIKE I SAID, YOU
I'M HERE TODAY TO GET SENTENCED, BUT THIS IS NOT
r 27 THE END OF THIS CASE. AND, YOU KNOW, I THANK MY LAWYER

r 28 AND I THANK MY FAMILY FOR SUPPORTING ME AND KNOWING THAT

r
 2865

l
1 I WOULD NEVER DO SOMETHING LIKE THAT.
2
3
AND, YOU KNOW, I'M NOT GOING TO SIT HERE AND
ASK FOR MERCY OR ASK FOR FORGIVENESS FROM THE COURT, ,
1
4
5

6
BECAUSE I HAD NOTHING TO DO WITH THIS CASE. I'M NOT
HERE TO BEG FOR MERCY OR ANYTHING, BECAUSE I HAD NOTHING

TO DO WITH THIS.
,
J

7
8
I'M JUST HERE TO DECLARE MY INNOCENCE AND JUST
HOPE THAT, YOU KNOW, IN THE FUTURE, YOU KNOW, THIS CASE
1
9 WILL BE BROUGHT BACK TO COURT AND THE TRUTH WILL COME 1
10 OUT. AND, YOU KNOW, I JUST THANK MY LORD FOR DOING A
11 GREAT JOB AND ALSO BELIEVING IN ME. AND THAT'S IT, YOU 1
12 KNOW, THAT'S ALL I HAVE TO SAY. THANK YOU.
l
13
14
15
THE COURT: MR. DOMINGUEZ.
MR. SPEREDELOZZI.
MR. SPEREDELOZZI:
THANK YOU.

SUBMITTED, YOUR HONOR.

,
1
,
16 THANK YOU.
17 THE COURT: THANK YOU.
18
19
20
THE JURORS WHO LISTENED TO THIS CASE FOUND
MR. DOMINGUEZ GUILTY OF COUNT 1 ALONG WITH THE
ASSOCIATED ALLEGATIONS. COUNT 1 CHARGED FIRST DEGREE
,
21 MURDER. THE ALLEGATIONS WERE THE SO-CALLED GANG
22 ALLEGATION UNDER SECTION 186.22{B) {1) {C).
l
23
24
THE SECOND ALLEGATION FOR THAT COUNT WAS THE
PERSONAL USE OF A FIREARM CAUSING DEATH. THAT
l
25 ALLEGATION WAS MADE UNDER PENAL CODE SECTION 12022.53(D) l
26 AND {E) (1). THE JURORS ALSO FOUND MR. DOMINGUEZ GUILTY
27 OF CONSPIRACY TO COMMIT A CRIME AS CHARGED IN COUNT 2, l
28 PENAL CODE SECTION 182. THE SAME TWO ALLEGATIONS WERE
l
1