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A jury on Thursday convicted a 22-year-old Kearns man of fatally stabbing another man last year in the restroom of a Kohl's in West Valley City.
Jose Angel Gonzalez was found guilty of first-degree felony murder for killing 24-year-old George Davila during a fight on Aug. 9, 2011.
Gonzalez also was found guilty of obstructing justice, a second-degree felony, and possession of a dangerous weapon, a third-degree felony.
Since the trial began Monday, prosecutors painted a picture of the Dog Town gang member starting a deadly fight with Davila, who used to associate with members of a rival gang, in the store's restroom.
Gonzalez's defense attorneys argued that their client merely defended himself in a fight started by Davila.
Alma Ruesga testified that Gonzalez, sitting outside the Kohl's, asked "What's up, ese?" as she, Davila and two others walked up to the store. Ruesga added that they said nothing to the man they knew was a Dog Town gang member because of a tattoo.
But in her closing argument Thursday, defense attorney Nisa Sisneros said Davila responded to Gonzalez and insulted the Dog Town gang, and added "this is Eastside."
Sisneros told the jury that Gonzalez opened the door to the restroom a few minutes later and was shocked to see Davila by the sinks. Holding up a photo of the restroom, she pointed out to the jury that Davila would have had to take several steps toward Gonzalez to punch him, since it's undisputed that Gonzalez did not leave the doorway.
But prosecutor Sandi Johnson argued that Gonzalez "brought a knife to a fist fight," and that it's not reasonable to expect Davila would inflict serious bodily harm by punching him. Davila was already bleeding before the fight spilled out of the restroom seconds after it started, Johnson said.
"Who actually has the self-defense here? [Davila] punches back, even though he's already dying," Johnson said.
After the fight, Gonzalez fled home, while Davila, Ruesga, the woman's son and sister went to their car. Johnson said there were men around the car shouting at the group as they drove away. Detective Mike Fossmo testified that phone records show there were calls and texts between the phone Gonzalez had that day and the phones of his friends after words were exchanged outside the store and before the fatal attack. As Johnson saw it, Gonzalez had rallied "the troops" because someone insulted Dog Town.
Gonzalez changed his shirt when he got home and threw the old one in a storm drain. Fossmo testified that Gonzalez told him that he no longer needed a bloody shirt and admitted he thought police would be interested in it.
The defense argued that Gonzalez tossed the shirt because he knew he was in trouble for being in a fight.
The prosecution countered that an officer, one who has a good rapport with his family, came to Gonzalez's home later that day and asked him over the phone to come home and turn himself in. But Gonzalez refused, Johnson said.
"Doesn't that show he knows it wasn't self-defense?" the prosecutor asked.