Defendant says he was forced into robbery

Kim Smith

Wednesday, May 16, 2001 | 9:40 a.m.

A Las Vegas man on trial in the robbery of a Mexican restaurant that left a Metro Police officer sightless in one eye told jurors Tuesday he was forced into the caper.

Markus Weatherspoon said he did everything he could to get out of robbing the Macayo Vegas restaurant with his friends on June 14 and when he realized he couldn't, he did everything he could to make sure it didn't end in violence.

Despite testimony otherwise, Weatherspoon said he only kicked the restaurant manager once and that was to stop her screaming. He feared his co-defendant Darnell Harris was going to shoot her if she didn't calm down, he said.

Jurors in the case began deliberations at 9 a.m. today. Weatherspoon faces 14 charges, including attempted murder, kidnapping and battery on a police officer.

Wall told the jurors during opening statements that Weatherspoon, Harris and Terrance Winn walked into the restaurant shortly after it closed at 11 p.m. The masked men robbed it, but when they left they encountered Officer Peter Rossi pulling up to the restaurant.

Harris fired two shots, Wall said. One hit Rossi's bumper and went into his tire. The second bullet struck his windshield and fragmented.

The fragments hit Rossi in the shoulder, chin and eyes and he lost the sight in his left eye, Wall said.

Weatherspoon told jurors he told Harris he couldn't rob the restaurant because he would be identified, he had no mask and he had no weapon.

"I can't be a part of this. I've been in there 20-30 times. They know me in there," Weatherspoon said he told Harris.

Ultimately, he felt he had no choice but to participate because of threats to himself and the mother of his child made by Harris, Weatherspoon testified.

Weatherspoon's testimony that acted in defense of innocent people fueled a rapid-fire cross-examination by Wall.

"Mr. Weatherspoon, you're a hero! Is that what you're saying?" Wall asked.

"No, sir," Weatherspoon said.

Winn pleaded guilty to robbery with use of a deadly weapon and attempted murder with use of a deadly weapon last month. He was sentenced in March to 20 to 50 years.

Officer Rossi recovered from his injuries and is back on duty.

Harris is scheduled to go on trial next year.