Wednesday, Oct. 29, 2003 | 8:35 a.m.
The North Las Vegas man facing a potential execution for killing a 9-year-old girl in a gang shootout wept Tuesday as he apologized to the girl's mother and sister.
Pascual Lozano, 24, addressed Naomy Estrada, and 14-year-old Tannia Gonzales, the mother and sister of Genesis Gonzales, on the last day of testimony in the penalty phase of his capital murder trial. It was the first time he had addressed the court.
Jurors last week convicted Lozano of first-degree murder in Gonzales' death. At the conclusion of the penalty phase they will determine whether he should receive the death penalty or life in prison with or without parole.
In a disjointed, unsworn statement, Lozano, who mentioned that he was extremely nervous, asked the Gonzales family to forgive him for the pain he caused. Estrada and Tannia Gonzales appeared emotional during the statement and Lozano's family, who packed the rows of the courtroom, wept openly.
"To the whole Gonzales family, I'm sorry," Lozano said. "I couldn't explain how sorry I am. Your family is in my prayers.
"I'm sorry us cowards brought this on your family. I pray for you."
Prosecutors said a stray bullet struck Gonzales as Lozano fired shots at a man named Robert Valentine in a shootout near Cheyenne Avenue and Civic Center Drive. They said Gonzales was protecting a 10-month-old baby when she was struck.
Lozano said he considered Gonzales a hero for her actions the day she was killed.
"Genesis also died a hero in my heart," he said. "It touched me too. I'm not a tough guy. I'm not no bad guy.
"This opened a lot of eyes for a lot of us, guys that I associate with."
Still, Lozano indicated that he wanted to address other details of the shooting.
"I wanted to tell my side of the story, but I can't for legal reasons," he told jurors.
Lozano had declined to testify during the trial before District Judge John McGroarty. During the penalty phase, defendants are instructed not to discuss the facts of the case because they are not subject to cross-examination.
When asked by McGroarty whether he had more to say, Lozano responded, "I do, but I don't know how to get it out. I'm sorry."
Lozano's statement was the second time the convicted killer had attempted to address the court on Tuesday.
Earlier he had walked to the witness stand, then suddenly shook his head, pushed the microphone away and walked back to the defense table.
Lozano addressed the court after a brief recess during which he conferred with his attorneys, Deputy Special Public Defenders Bret Whipple and Ivette Maningo.
Several experts tried to explain to jurors some of the circumstances that could have led to Lozano's violent lifestyle.
Dr. Thomas Kinsora, a clinical neurophysiologist in Las Vegas who examined Lozano, said several factors in Lozano's childhood made him a perfect candidate for a life of crime and gang violence.
Lozano was raised by a single parent in a crime-ridden neighborhood in North Las Vegas. Lozano also suffered two brain injuries early on, has a low IQ and has severe learning disabilities, Kinsora said.
"In Pascual's case, there was never any net there to save him from falling," Kinsora said. "He just continued to fall."
In addition, Lozano has long suffered with feelings of inadequacy and depression, Kinsora said. When Lozano was 14, he was checked into Charter Hospital after he overdosed on PCP.
Kinsora said Lozano soon began to seek protection from a gang that was prominent in his neighborhood.
"The only membership and sense of inclusiveness he had was the gang," Kinsora said. "There is almost little or no choice for a kid like this to avoid these pressures."
By the time Lozano was 16, he'd already started down a road of crime, Kinsora said. At that age Lozano pleaded guilty to charges stemming from a shootout in which three people were injured. He was prosecuted as an adult spent three years in prison.
Martin Sanchez-Jawkowski, a professor of sociology at the University of California, Berkeley, said several factors influence young people to join gangs. Those reasons can range from a desire for protection to a need for social interaction, he said. He said gangs generally dominate impoverished, crime-ridden areas.
"These are areas where there are a lot of predators," he said. "It usually starts from the premise that (the members) will become prey. Gangs offer protection."
He also noted that violence plays a major role in gang culture.
"Violence is essentially an extension of power," he said. "It is very instrumental."
Closing arguments in the penalty phase were expected to begin this afternoon.
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