Prater jury may begin deliberations Tuesday
by Denise Ellen Rizzo / Tracy Press
Jun 07, 2012 | 1480 views | 0 0 comments | 5 5 recommendations | email to a friend | print
STOCKTON — A jury may begin deliberations as soon as Tuesday, June 12, in the trial of two men accused of killing 20-year-old Tracy resident Kevin Prater II in September 2010.

Four days of witness testimony for the prosecution in the trial of Edgar Canseco and Emmanuel Mendoza, both 20, concluded Wednesday, June 6, in San Joaquin County Superior Court. Jurors were dismissed until Tuesday, when the court will hear closing arguments.

According to Deputy District Attorney Thomas Testa, the lawyers for the defense both told Judge Richard Mallett on Thursday that they had no witnesses or evidence to present to the jury. Jeffrey Hirschfield represents Mendoza, and Lance Jacot represents Canseco.

Outside the courtroom Thursday, Testa said he wasn’t surprised that the defense had no new witnesses, based upon the strength of the prosecution’s case. He said he was surprised, however, that neither defendant testified on his own behalf.

“I was taken back with their decision,” Testa said. “They called no witnesses of their own. Everyone showed up that we wanted to show up (to testify).”

Both defense attorneys refused to comment regarding the trial outside the courtroom after Thursday morning’s proceedings.

According to police, Prater was killed when the two defendants and a third man, James Stancampiano, tried to rob him of his jewelry the night of Sept. 15, 2010.

Prater’s girlfriend, Keisha Anderson, testified May 31 that she was sitting in the passenger’s seat next to Prater the night of the shooting, while Canseco and Mendoza were riding in the backseat of Prater’s car.

She described for the jury how a masked gunman, identified by police as Stancampiano, held a rifle to Prater’s chest and shot him while the car was parked on the western end of Sixth Street. She said both defendants grabbed Prater from behind and held him when he tried to fight against the gunman before being fatally shot.

Stancampiano remains at large, and police believe he may be hiding in Mexico, New York or Florida.

The prosecution and defense went over jury instructions with the judge for two hours Thursday morning.

The jury is scheduled to hear closing arguments at 9 a.m. Tuesday in Department 24 of the Stockton courthouse.

Comments
(0)
Comments-icon Post a Comment
No Comments Yet


We encourage readers to share online comments in this forum, but please keep them respectful and constructive. This is not a space for personal attacks, libelous statements, profanity or racist slurs. Comments that stray from the topic of the story or are found to contain abusive language are subject to removal at the Press’ discretion, and the writer responsible will be subject to being blocked from making further comments and have their past comments deleted. Readers may report inappropriate comments by e-mailing the editor at tpnews@tracypress.com.