Sonoma Co. Jury Split Between Murder, Acquittal, Voluntary Manslaughter

A mistrial was declared Wednesday afternoon in Sonoma County when a jury could not reach a verdict in an allegedly gang-related murder trial. Joseph Mario Varela, 17, of Santa Rosa, who was tried as an adult, and Manuel Khiobouakham, 19, of Rohnert Park, were charged with the shooting murder of Damien Wadell Toney Jr., 20, of Santa Rosa, outside a party at the Redwood Apartments at 2001 Piner Road in Santa Rosa on Dec. 31, 2013.

The jury foreman told Sonoma County Superior Court Judge Rene Chouteau late in the morning the panel was split 2-8-2. The attorneys in the case met Wednesday afternoon with the jurors in the deliberation room after a mistrial was declared to learn the breakdown of the spilt.

Khiobouakham’s attorney Joseph Stogner said the jurors said two of them were for acquitting the defendants, two were for convicting them of murder and eight jurors said the defendants believed they needed to defend themselves but that belief was unreasonable, leaning toward a voluntary manslaughter conviction.

Stogner said the jurors also said the prosecution’s evidence that the killing was gang related was not credible.

Trial testimony indicated Toney was in a physical altercation at the party with the mother of his children, Paula Brisco, and Varela intervened and told Toney to leave.

The prosecution claimed Varela followed Toney outside and shot him twice around 2 a.m. with a gun Khiobouakham provided. Defense attorneys argued Toney was intoxicated and violent and was the aggressor that night. Varela’s attorney Colin Cooper said his client shot Toney in self-defense.

Stogner also said the prosecution’s witnesses who testified his client was armed with a gun that night were not credible. A date for a new trial will be set July 1.

--BAy City News