Prosecutors urge death penalty

Erica D. Johnson

Thursday, Oct. 30, 2003 | 11:05 a.m.

Prosecutors on Wednesday made a final attempt to persuade jurors to choose execution for the man convicted of killing a 9-year-old North Las Vegas girl.

Chief Deputy District Attorney Vickie Monroe reminded jurors of the tragic circumstances that surrounded the death of Genesis Gonzales. Gonzales, who was playing outside her apartment, was struck by a stray bullet as Pascual Lozano fired shots at a rival gang member.

Monroe told jurors that the death penalty is reserved for "the most heinous crimes." She urged jurors to hold Lozano, 24, accountable for his actions.

"This is a heinous case," she said. "He deserves the most severe punishment."

"Nothing can bring Genesis Gonzales back. But you, the jury, can see that her killer pays the ultimate price."

Defense attorneys, however, reminded jurors that any one of them could save Lozano's life. Deputy Special Public Defender Bret Whipple said executing Lozano would only cause more pain.

"Just one person on this jury can stop the pain, stop the suffering, and choose life over death," he said.

He urged jurors to "temper their anger with understanding."

The more than two hours of closing arguments wrapped up the penalty phase of Lozano's capital murder trial before District Judge John McGroarty.

Jurors last week had convicted Lozano of first-degree murder in the Sept. 7, 2002 shootout in which Gonzales was killed and her 8-year-old sister, Heidi, was injured. Jurors began deliberating Lozano's fate Wednesday afternoon and were expected to continue this morning.

They are deciding whether Lozano should be sentenced to death or sent to prison with or without parole. The minimum punishment jurors can chose is a 40- to 50-year prison sentence.

During his closing argument, Whipple told jurors that no matter what sentence they choose, Lozano would not "get off easy."

"There is no lenient punishment available to you," Whipple said. "He has been held accountable."

He said the fact that Gonzales' shooting was unintentional was enough reason in itself to rule out the death penalty.

"Mr. Lozano never intended to hurt Genesis Gonzales," he said. "What happened out there was tragic and it was an accident."

Monroe urged jurors to consider Lozano's long history of violence when determining whether he should be executed.

"What did he learn? He didn't learn anything," she said. "No one is born a killer. It's a capability that is acquired."