A jury decision today, the third jury to hear the case, will have a man executed.
According to The Associated Press, Charles Ray Smith was convicted of four gang - killings - including that of a 10 year old - and recommended to receive the death penalty.
Prosecutors argued that Smith, 44, deserved the death penalty after he was found guilty of participating in two other deadly shootings, one of them commonly known as the 49th Street Massacre. In massacre, two men, also convicted, used AK47s to brazenly shoot children and adults on Friday afternoon in a South Los Angeles street.
According to Los Angeles County Deputy Dist. Atty. Amy Ashvanian, Smith’s first killing transpired on March 31, 2006, when he shot 27-year-old Bani Hinojosa in the back as was bringing home milk to his wife and daughters, apparently mistaking him for a rival gang member. None of the victims had any gang ties, and prosecutors argued that this was a shooting over turf, drugs, and pride between the rival gangs (the one was not involved, but mistaken for the victims).
The following shootings occurred on June 30, 2006 where Smith opened fire on boys riding bicycles in front of their home. David Marcial, 10, his uncle, Larry Marcial, 22, and neighbor Luis Cervantes, 17 were all killed. Sergio Marcial, David's brother, was 12 and seriously injured but not killed.
Smith's attorney defended his questionable involvement in the murders and begged jury to spare the life of his client, according to The Los Angeles Time. In his defense he brought up the disorders Smith suffers from, including post-traumatic stress disorder from his rough childhood, claiming his upbringing distorted Smith's view of the world, and contributed to his lack of judgment and aggressive behavior.
His childhood was revealed to have consisted of drug/alcohol addicted parents and convicted siblings.
Unlike these family members though, his family – including his children – testified to he was a strong parent, and a good, encouraging father
Upon hearing the death penalty sentence, Smith simply sat and stroked his chin, seemingly unsurprised by it. His attorney patted him on the back.
Maribel Marcial – Larry’s sister – spoke out about the trial saying, "It's the beginning of healing for all of our family. We've been through a lot."
Though the family would have settled for a life sentence without parlole, she said she was happy about the death sentence because "When you get life you're out and about in the jail community. It's different when you are confined (to death row) and you're thinking about what you did."