Friday, Dec. 20, 2002 | 9:23 a.m.
After two hours of deliberation Thursday, a jury found a 22-year-old man guilty of killing his longtime friend in a soccer field at Western High School, but they settled on a lesser charge than prosecutors and the victim's mother believed the murderer deserved.
Rex Adams was convicted of second-degree murder in the July 4 shooting death of Hershell "Bobby" Pacheco, 23. Adams faces a sentence of up to 50 years to life in prison, and that means he could be eligible for parole after 20 years, Chief Deputy District Attorney Frank Coumou said.
Pacheco's mother, Glenny Pacheco, said: "I would have rather him get (convicted of) first-degree murder. That way, he could have more time in prison to think about what he's done to my son."
The sentencing will be Feb. 6.
Adams, 22, was charged with four felony counts, which included murder with a deadly weapon and three firearms charges. He was acquitted of one firearms charge of discharging a firearm into an occupied structure in which a person could be injured.
Because the plea agreement prosecutors initially offered Adams was to plead to second-degree murder, Adams didn't risk anything by going to trial, said Defense Attorney Brett Whipple.
The verdict came after three days of testimony before District Court Judge Joseph Bonaventure, including Adams' testimony in his own defense.
Adams said he and Pacheco got into a fight as the two took turns shooting Adam's gun after a night of drinking with friends.
When Pacheco became angry and turned the gun on Adams, he shot him in self-defense, Adams said.
Jurors had to decide whether Adams was not guilty, guilty of first-degree murder, guilty of second-degree murder or guilty of manslaughter.
Prosecutors in their closing statements urged jurors to return with a guilty of first-degree murder verdict, saying the two "execution-style" gunshots to the back of Pacheco's head proved both malice and intent.
"To walk over to Bobby Pacheco and aim it and fire it, knowing you are putting a deadly projectile into the head of a man who claimed to be his friend, and then to do it a second time, that's malice," Coumou said, pointing the gun Adams used to the floor.
Gina Adams, Adams' sister, said her brother should have been punished for drinking and acting foolish with a gun, but the jury should have declared him guilty of manslaughter.
She said Defense Attorney Brett Whipple presented ample evidence to show that Pacheco, a gang member who was convicted of a felony five years ago, had a propensity for violence,
"I think the sentence was too harsh," she said. "There was so much proof in that courtroom and people testified that Bobby threatened other people with guns as well. How (the jury) came to the conclusion that my brother was not defending himself I have no idea."
When he gave statements to the police shortly after the killing, however, Adams initially claimed someone else shot Pacheco.
Adams' varied statements to police were only attempts to avoid taking responsibility for "a senseless act of violence," Deputy District Attorney Roger Cram said in his closing statements.
"All there is is a continual evolution of a statement that goes through plan one, plan two and plan three," he said. "We don't hear plan three, the self-defense plan, until we're here in court."
Jurors on Wednesday listened to taped excerpts of conversations between Adams and his family members shortly after the shooting, in which Adams never mentioned shooting Pacheco in self-defense.
Whipple maintained Adams lied to police because he was afraid.
Because the two men were friends, Adams had no other motive to shoot Pacheco, he told jurors during closing statements.
"There had to be a struggle out there in the center of that field," he said. "Otherwise, how else can you explain what happened? All they have is two holes in the back of the head and my client lying to police officers."
Glenny Pacheco, who was in court each day of the trial, said not knowing what really happened the night her son was killed was the most difficult part.
"This has been so hard for me," she said. "The loss of my son was a real shock. He was my youngest son. Because of the way I raised him, I never thought it would end this way."
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