Tucson man faces prosecutor's questions in his 4th manslaughter trial

By Barbara Grijalva

TUCSON, AZ (KOLD) - Closing statements could come Tuesday in the fourth manslaughter trial of Tucsonan Daniel Renteria.

He says he killed James Marschinke and and Richard Rue, Jr. last year, in self defense.

Three previous juries have deadlocked in his case.

Friday was the second day Renteria was on the stand in his own defense.

The first day, his own lawyer questioned him.

Friday it was the prosecutor's turn. 

Prosecutor Mark Diebolt: "Well, let me ask you this. The gunshots don't just go off. You're pointing a gun and pulling the trigger?"

Renteria: "Correct."

Diebolt: "And you're aiming to kill a human being?"

Renteria: Correct.

Diebolt: "And then each of these individuals gets a kill shot to the head?"

Renteria: "Correct."

Renteria says Rue threatened to kill him and his three-year-old son if they told anyone that Marschinke had raped the child.

Prosecutor Mark Diebolt asked several times why Renteria did not go to the police.

Renteria: "If I opened my mouth, they were going to kill me. Don't you understand? So, if they didn't go to jail they were going to attack. Don't you get that?"

Diebolt: "I get it. I get it really clear."

But, Diebolt has said Renteria should not have taken matters into his own hands.

Renteria claims on the day of the killings in March 2010, he had wanted only to speak to the two men, to tell them to leave his family alone.

He was armed.

Renteria claims the two came at him, and he began firing.

He testified he had no control, that emotions and instinct took over.

Diebolt asked what Rue did to deserve to die.

Diebolt: "Did you kill him?

Renteria: "Yes, I did."

Diebolt: "You killed an unarmed man, right?"

Renteria: "Yes, I did."

Diebolt: "So what did he do to deserve to die?"

Renteria: "I'm not saying he deserved to die. I'm not saying he deserved to die or whatever. It's not my decision. It just happened that way."

Again, Renteria said he did not intend to kill the men.

Diebolt questioned that, telling Renteria, "No one survived your attack. No one survived. You made sure of that."

Renteria: "I survived."

Diebolt: "You made sure..."

Renteria: "My son survived."

Diebolt: "You made sure of that, right?"

Renteria: "Yes, I did."

The jury could get the case as early as next Tuesday.

Copyright 2011 KOLD. All rights reserved

 

[2011-08-20]