Jury in Worcester execution-style shooting case hears closing statements, begins deliberations

WORCESTER — The jury began deliberating in the first-degree murder case of a city man accused of an execution-style shooting of 42-year-old Jose Ortiz at 15 Everard St. Thursday morning in Superior Court.

A verdict had not been reached by late Thursday afternoon and the jury is set to return to deliberations Friday morning.

More:Kennie Mota-Cruz trial opens in execution-style shooting of Worcester man

Lawyers representing Kennie Mota-Cruz, 28, of Stanton Street, and the prosecution made closing statements Thursday with Mota-Cruz's defense arguing the evidence in the trial was insufficient and the testimony of Mota-Cruz's ex-girlfriend left reasonable doubt.

Assistant Worcester District Attorney Shayna L. Woodard said in her closing statement that Mota-Cruz had the motive to kill Ortiz, saying Ortiz owed him money for drugs that he dealt on Mota-Cruz's behalf, and the means with a handgun that she said Mota-Cruz possessed.

Defense attorney: 'Not enough to fill in the holes'

Mota-Cruz's attorney, Tom G. Vukmirovits, said police failed to collect forensic evidence at the scene. He said a shell casing on the scene along with a syringe, crack pipe, table top and bottle cap were not tested for evidence, even for the potential of partial fingertip evidence.

In addition, Vukmirovits said, a wide canvasing of the area around Everard Street did not turn up any witnesses identifying a black Mercedes belonging to Jermaine Daye that prosecutors allege was the vehicle Mota-Cruz rode to the incident.

Vukmirovits also said the police statements of Ortiz's niece, who heard the "commotion" and loud voices before closing her door at the sound of gunshots and later alerting her other uncle, was not enough to identify that Mota-Cruz was at the scene.

Vukmirovits said police also did not follow up on a call Mota-Cruz made in Spanish after being apprehended in New York while he was being transported by police to Massachusetts, where police say they heard him mention sneakers with blood on them.

Mota-Cruz was arrested Sept. 12, 2018 in Dunkirk, New York.

In addition, Vukmirovits said the texts between Mota-Cruz and Ortiz did not appear threatening in nature and Ortiz did not respond as if they were. Vukmirovitz said they were reflective of language of the drug trade and a familiarity with weapons.

"Pointing to him ... is not enough to fill in the holes," Vukmirovits said.

An 'evolving story'

Deborah Diaz, Mota-Cruz's former girlfriend had a "changing, evolving story," Vukmirovits said. He said she did not provide consistent evidence on matters such as a trip she took to Connecticut and Mota-Cruz's involvement with guns and drugs.

He said Diaz was inconsistent in her testimony. Texts between them showed that Diaz was not sure why police were searching for Mota-Cruz.

Diaz had earlier testified that Mota-Cruz angrily broke her phone and computer at her work and pointed a gun at her Aug. 24, 2018, the day of Ortiz's death.

Another man, Chayenne Markland, was charged with accessory, after the fact, to murder. Police said they believe Markland drove Mota-Cruz to the incident. Vukmirovitz mentioned Markland's possession of disposable gloves.

The defense has also questioned if Hector Mangual had a motive to kill Ortiz, pointing to communications between the two that seemed threatening. Woodard said testimony indicated that Manuel was not being serious in his threats.

Woodard said Markland also had zero motive to kill Ortiz and he did not know her.

In her closing statement, Woodard reiterated the argument that Mota-Cruz had motive and means to kill Ortiz. She opened her statement with an explicit text from Mota-Cruz to Diaz where he implied he made a mistake that led to police being after him.

"The only communication is with the defendant. The only motive is with the defendant," Woodard said.

Woodard said the confrontation happened outside Ortiz's room so there was no need to collect evidence in the room and said a shell casing that went through an explosion would be unlikely to have fingerprint evidence.

Blood on his sneaker

Woodard said questions Vukmirovitz has raised about phones in Ortiz's possession were not important to the case.

Security camera footage, cellphone photos and phone tracking data from Aug. 24, 2018, pointed to Mota-Cruz in the area of Everard Street in the black Mercedes, Woodard said.

One shot from a security camera appeared to show Mota-Cruz looking at his sneaker and realizing there was blood on it, Woodard said.

Daye was charged with accessory, after the fact, to murder.

This article originally appeared on Telegram & Gazette: Jury in Mota-Cruz trial in execution-style shooting of Worcester man hears closing statements