State Supreme Court Upholds Conviction, Death Sentence for Deputy's Killer

LOS ANGELES (CNS) - On Monday the California Supreme Court today upheld the conviction and death sentence for a man convicted of murdering a Los Angeles County sheriff's deputy in South Gate nearly 15 years ago.

The state's highest court unanimously found that the trial court did not deny due process to Enrique Parra Duenas by excusing three jurors for cause and admitting as evidence an animated re-creation of the shooting which killed Michael Hoenig.

Duenas was convicted of first-degree murder for the Oct. 30, 1997, slaying of the 32-year-old deputy. Jurors also found true special circumstance allegations of murder of a peace officer in the performance of his duties and lying in wait and recommended the death penalty, which a judge imposed.

Hoenig initially tried to stop Duenas while he was riding a bicycle without lights around 1 a.m. on Seminole Avenue and Long Beach Boulevard in Lynwood. Police were stopping and interviewing cyclists because a suspect in several recent burglaries had left the scene on a bike.

Duenas showed the officer his middle finger and shouted a expletive before riding off, according to facts of the case detailed in the high court's opinion.

The 10-year law enforcement veteran -- who was assigned to the sheriff's Century station -- got into his patrol car to pursue Duenas. When Duenas fell off his bike and Hoenig started to exit his patrol car, Duenas fired at least seven shots with a .45-caliber handgun.

One of the four shots that struck the deputy hit just above his bulletproof vest and he was dead within a minute. Duenas left him lying near his patrol car, his gun unfired in his right hand.

 Duenas was taken into custody less than an hour later after being bitten by a police dog while hiding near a garage. The murder weapon was found nearby with his fingerprints on it, according to court documents.

When a sheriff's sergeant took the defendant into custody, Duenas said,``Why don't you just kill me? I deserve to die for what I did,'' according to evidence presented at trial. But the defendant later recanted, saying because he was ``tweaking'' on methamphetamine, he couldn't recall the facts and, at another time, that the deputy had fired first.

Duenas -- then 26 -- was convicted in December 1998, with jurors recommending six days later that he be sentenced to death for his crimes. He was formally sentenced to death in January 1999.

Defense attorney Ronald F. Turner unsuccessfully argued that the lower court should not have excused three jurors because of their views on the death penalty or allowed jurors to view animation illustrating experts' opinions about how the shooting took place.

In a 35-page opinion authored by Justice Joyce L. Kennard, the state's high court upheld the trial court's actions and also rejected Turner's challenge to the constitutionality of the death penalty law.

From City News Service