Highway murder's 'day of reckoning'

On Jan. 12, 2003, Gardner was struck in the back of the head by a 9 mm bullet as he slept in the passenger seat of his friend's Infiniti. Even the defense agrees the death is tragic, but attorneys for both defendants consistently argue there is no way of knowing if either fired any bullets from within the SUV carrying them along Interstate 380.

The men and another passenger were arrested hours later after Daly City police spotted them at a Denny's. After a high-speed chase throughout the Bay Area, the trio was arrested in San Francisco's Mission District.

Sedeno and Navarro, 22, face roughly 90 years to life in prison if convicted of Gardner's first-degree murder, three counts of attempting to murder his friends and discharging a firearm. Jurors could return lesser verdicts, such as second-degree, if they believe the men did not plan to chase down and shoot at the car carrying Gardner Jan. 12, 2003 after its driver honked his horn.

Thirteen bullets were fired from the SUV, according to forensic experts, but too many variables are required to recreate the shooting exactly. Jurors are left trying to decide which window, and therefore which defendant, fired the alleged two guns.

Yesterday, Gallagher capped the 24-day trial with a meticulous explanation of why jurors should convict the men and return the highest penalty. Despite the checkered background of Richard Sedillo - a third man in the SUV who testified for the prosecution that the others both fired guns - his story is consistent and he offered police details they later corroborated, Gallagher said.

Sedillo, though, Sedeno's defense attorney Mara Feiger said, is a "lying sack of snitch" that is so evil and "gang-entrenched" his name should not be said aloud, much like the evil magician in the Harry Potter series.

In a 90-minute argument in which she often told the jury about her faith in them, Feiger also offered a motive for Sedillo actually being the shooter - he was reacting to the Asian drivers of the Infiniti and an Acura driving back from San Jose to Pacifica.

"And that's why he shot into their cars," she said.

Unique arguments

Feiger's words were colorful compared to Gallagher's case as she repeatedly gave jurors reasons why Sedillo is evil and should not be trusted. He double-parks, he allegedly pointed a gun to the head of a different defense witness, he assaulted the mother of his child and his father and brother are gang members.

She also chalked up flaws in Gallagher's case to law enforcement which she accused of turning a "jaundiced eye" to the crime and trimming facts to fit a specific theory of events. She claimed CHP officers were heavy-handed with witnesses to the point many sought out lawyers.

She readily admitted her client's possession of a gun, saying it prompted him to flee from police. Sedeno was on parole for selling cocaine, she said. He is charged with both evasion and being a felon in possession of a firearm, she said.

Sedeno is also not an accomplice to the shooting because he did not know that Navarro and/or Sedillo would do it, she added. She left it to jurors to decide if Navarro is guilty. She believes Sedillo is the shooter but reminded the jury Navarro had bullets in his pocket when arrested and tried to run away from arresting officers.

Myra Weiher, Navarro's attorney, will present her closing arguments Friday morning.

Even discounting Sedillo's version of events, the defendants are still guilty, Gallagher argued.

They had guns, they drove recklessly and they fired into an occupied vehicle, he said.

"At a minimum we know Raymond Gardner would be here today if Tito Sedeno had not put the car in a position" to allow the shooting, Gallagher said.

In the best-case scenario putting one gun in Sedillo's hand puts the other in either Navarro's or Sedeno's, he said. Sedillo, he reminded jurors, was the sole occupant of the SUV who did not flee officers.

Questionable witness

Once attorneys finished debating Sedillo's credibility, each turned toward the trial's second questionable witness: Lois Buenaflor.

Feiger said Buenaflor was the fourth occupant of the SUV and she testified that all three men fired bullets. She snagged a ride from the defendants after a birthday party and was dropped off at her boyfriend's home prior to their arrest, Feiger said.

Gallagher, though, questioned Buenaflor's presence and overall testimony. He told jurors the schizophrenic woman was being used by Sedeno's camp because she was photographed at the party with him. She is vulnerable and paranoid and could easily have invalidated Sedillo's story if only it were true, Gallagher said.

Feiger countered it is impossible to tell a mentally ill person to lie and that Buenaflor's hat in the SUV proves she was there.

The afternoon of arguments played out before a full courtroom of supporters for both the defendants and Gardner's family. Gardner's father, John, left before Gallagher finished because he didn't want to hear the defense case, Karen Gardner said.

Karen Gardner, though, stayed through to the end. After prayers with her pastor she said she knew she would be all right no matter what happens in jury deliberations.

Deliberations will start Friday following final instructions by Judge Joseph Bergeron.

Sedeno and Navarro remain in custody on no-bail status. Court is in recess until 9 a.m. Friday.