Prosecutors Won’t Seek Death Penalty In Palm Desert Shooting

Prosecutors announced today that they would not seek the death penalty for a Palm Desert man accused of killing his next-door neighbor’s son and 2-year-old granddaughter amid a dispute over scratches on a pickup truck.

Juan Carlos Alcala, 43, is charged with two counts of murder, one count of attempted murder and a sentence-enhancing allegation of using a firearm in the April 8, 2011, shooting deaths of 24-year-old Felipe Lozano Jr. and his daughter, Zoe, at the Hovley Gardens Apartments at 74501 42nd Ave.

Deputy District Attorney Manny Bustamante said prosecutors would not seek the death penalty at a felony settlement conference for Alcala today at the Larson Justice Center in Indio. Riverside County Superior Court Judge Victoria E. Cameron set a confirmation of counsel hearing for Feb. 24 for Alcala, who will now be represented by the Public Defender’s Office, according to court records.

Riverside County District Attorney’s Office spokesman John Hall said last year that Alcala could have been eligible for the death penalty if convicted, and the decision on whether to seek capital punishment would be made later.

Hall said today that the district attorney makes that decision, and would check if District Attorney Paul Zellerbach could comment on the case.

Alcala pleaded not guilty by insanity at his arraignment last August.

Witnesses told police that Lozano and Alcala, who requires a Spanish interpreter in court, exchanged words April 7. Lozano allegedly accused Alcala of scratching his pickup in the parking lot outside the apartment complex and filed a police report, which allegedly upset Alcala.

“(Alcala) threatened him. He told him (in Spanish), `I’m going to kill you,’ and that’s what he did,” Lozano’s brother, Fabian, has said.

At about noon the next day, the defendant allegedly burst into the apartment of Felipe Lozano’s 43-year-old mother, Afra Lozano, and opened fire, fatally wounding Felipe and his daughter, Doria “Zoe” Lozano-Reynoso. Afra Lozano was wounded, but survived.

Felipe Lozano died at the scene. His daughter was airlifted to Loma Linda University Medical Center, where she died that night.

Alcala, his wife and child lived in the unit next door to Afra Lozano, who has several of her children living with her. Felipe had previously lived there but was residing with his father at the time of his death, family members said.