Jury begins deliberations in Lee’s Liquor death penalty trial
Jurors began weighing evidence in the capital murder trial for a 26-year-old man accused of killing a Las Vegas liquor store clerk during a robbery.
The fatal shooting of 24-year-old Matthew Christensen inside the back room of a southwest valley Lee’s Discount Liquor store was captured on surveillance video.
Chief Deputy District Attorney John Giordani showed jurors in closing arguments screenshots from the video with what he said was Brown’s “face clearly depicted, killing a man in cold blood. The evidence is uncontroverted and overwhelming.”
In that video, prosecutors said, Ray Charles Brown was seen wearing a white sock over his right hand, covering tattoos, including a red “4.”
Defense attorneys have argued that Brown was not the man in the video who fired six shots into Christensen after he stood with his hands up, telling robbers he could not open the store’s safe.
During closing arguments, defense attorney Josh Tomsheck tried to convince jurors that prosecutors had not proven that Brown was the gunman beyond a reasonable doubt.
Tomsheck pointed to what he called an “overwhelming lack of evidence,” including no DNA, footprints or fingerprints, and argued that another man was responsible for the killing.
“Ray doesn’t have any proceeds from the robbery because Ray isn’t the guy in the video,” Tomsheck said. “What if they’re wrong about who is responsible for this crime”
Brown is charged with murder, robbery with a deadly weapon, first-degree kidnapping, burglary while in possession of a firearm, coercion with a deadly weapon, conspiracy to commit robbery and assault with a deadly weapon.
Jurors deliberated for about three hours Monday and are expected to resume Tuesday morning at the Regional Justice Center.
Should the jury find him guilty of first-degree murder, the trial then would move to a penalty phase. Jurors would decide whether he should receive the death penalty or a term in prison.
Last week, jurors watched the surveillance video of the April 2016 robbery and slaying and heard a 911 call from Christensen’s then-pregnant co-worker.
Prosecutors said Brown fired multiple shots that struck Christensen, a part-time employee, who had directed his killer away from his co-workers and to the back of the southwest valley store.
The second gunman, Lee Dominic Sykes, fired a warning shot before bullets from Brown’s revolver killed Christensen, prosecutors said.
Two brothers have been sentenced for their roles in the robbery and Christensen’s killing.
Sykes, 24, who pleaded guilty to first-degree murder with a deadly weapon, was sentenced to between 25 and 65 years in prison. He, too, had faced capital punishment before striking a deal with prosecutors.
His older brother, Lee Murray Sykes, 26, who pleaded guilty to second-degree murder and robbery charges, was sentenced to 15 to 40 years behind bars.
Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.