A Redwood City man who admitted killing his mother's long-time friend with a claw hammer was convicted yesterday of second-degree murder despite his attorney's best attempts to throw suspicion elsewhere.
A jury could only find Luis Salvadore Perez, 26, guilty of first-degree murder by believing prosecutor Al Giannini's contention the death of Kimberly Navarro, 46, was premeditated. Perez's attorney, Eric Liberman, argued his client was completely innocent of the murder. During closing arguments, he added one caveat: If Perez had wielded the hammer he didn't plan it and was therefore only guilty of second-degree murder.
The seven-man, five-woman jury also found Perez guilty of using a deadly weapon to attack Navarro after only three days of deliberating. Their discussions hit a brief snag Friday when one juror's vehicle problems delayed deliberations for the afternoon but they returned yesterday morning briefly before returning a verdict.
The conviction will send Perez to state prison for a minimum of 16 years to life when he is sentenced Jan. 7. A first-degree murder verdict carried 26 years to life.
"We think it's a fair verdict," said Chief Deputy District Attorney Steve Wagstaffe.
Despite Perez's conviction, the details and the motive in the killing remain murky. Perez pleaded not guilty to beating Navarro on the left side of the head several times in the early evening of Sept. 11, 2003. Perez lived in the same Winslow Street apartment complex as Navarro and was allegedly struck as she sat on a couch. The attack left her comatose with a fractured skull and she died four days later without ever regaining consciousness. Perez fled the scene but was arrested about two hours later after returning to the scene.
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Perez admitted the attack during a police interview following the Sept. 11, 2003 beating. He also claimed Navarro sexually abused him between the ages of 7 and 9 but never specifically said that was the reason he wanted her dead.
At the time, Perez believed Navarro was already dead. He had been drinking liquor and police believed he was also under the influence of methamphetamine during the attack.
During closing arguments last week, prosecutor Al Giannini cautioned the jury that inebriation is no excuse for murder.
Liberman raised the idea to the jury that Perez's wife, Jennifer, was actually Navarro's killer and he was simply trying to protect her. Jennifer Perez denied the claim during testimony but Liberman said the two women did not get along.
Perez remains in custody at San Mateo County Jail while awaiting sentencing.
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