OAKLAND, CA — A mistrial has been declared in the case of two Southern California men who were charged with murder for the shooting death of a man in a home invasion robbery in East Oakland in December 2014.
Alameda County Superior Court Judge Gloria Rhynes issued her ruling in the trial of Ruben Anthony Cortez, 41, and Brian Martinez, 36, both of San Bernardino, on Tuesday afternoon after jurors said they were
deadlocked 9-3 in favor of acquittal following three days of deliberations.
Alameda County prosecutor Peter McGuiness alleged in his opening statement in the lengthy and contentious trial for the two men that they participated in the fatal shooting of 39-year-old Michael Owens inside his
home in the 1000 block of 92nd Avenue on Dec. 14, 2014, during a marijuana deal that went wrong.
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McGuiness said Owens and his partner, 49-year-old Kevin Lamar White, had done business with Cortez and Martinez before but on this occasion Cortez and Martinez, along with a third man only identified as "Michael" who has never been arrested, decided to take their money instead of selling them marijuana as planned.
McGuiness said the man known as Michael told Owens "just be cool or you'll get one to the head" and Owens was shot three times after he cursed at Cortez, Martinez and Michael. The prosecutor said it isn't clear who fired the shots that killed Owens but he said all three suspects are guilty of felony murder because all three were armed with guns and participated in the robbery, in which $14,000 in cash was taken.
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But Cortez's lawyer Annie Beles told jurors, "This case is about Kevin White and his statements to authorities and their believability and the lack thereof." Beles said White's statement to police that the suspects put duct
tape over his mouth and eyes and secured his hands in zip ties is "a little unusual" because she finds it hard to believe White's claim that after the suspects fled Owens' house with the cash, he was able to quickly free himself in a few seconds "like the Incredible Hulk or Superman."
In addition, Beles said it strains credulity to believe White's statement that the suspects rifled through Owens' house but left an additional $25,000 in cash behind as well as several other guns that had been stashed there.
Martinez's lawyer Jeff Chorney alleged that White made up a story about what happened because "he's afraid of being blamed or prosecuted" for Owens' death.
Chorney, who described White as a drug dealer, admitted that Martinez, Cortez and the third suspect were planning to do a marijuana deal with Owens and White but he alleged that Owens and White had a separate
arrangement to buy or sell cocaine from a different group of people that same day and that Owens was killed during that deal.
"At the cocaine meeting, someone shot and killed Michael Owens," Chorney said.
Martinez and Cortez weren't present when Owens was fatally shot at his home, Chorney said.
After the mistrial was declared, Beles said, "We are so pleased that the majority of the jury saw the fallacies of the prosecution's argument and took the constitutional burden of proof as seriously as we all should."
McGuiness declined to comment on the mistrial or on whether he will seek to re-try Martinez and Cortez.
In addition to the murder charge, Martinez is charged with being a felon in possession of a firearm because prosecutors allege that he has a prior conviction for assault with a deadly weapon and domestic violence in
Riverside County in 2010.
— Bay City News; Image via Shutterstock