Cathedral City Man Accused Of Shooting Neighbor Found Not Guilty
A Cathedral City man, who claimed self-defense for shooting at a neighbor who he suspected of beating up his stepfather, was acquitted of attempted murder, his attorney said today.
Derek Nigel Lopez, 33, was also found not guilty on Wednesday of a charge of shooting at an occupied vehicle.
Attorney Mark Sullivan told jurors that his client reacted in self- defense when he fired multiple rounds at Jose Luis Perez, who lived in an adjacent duplex in the 32000 block of Monte Vista Road. None of the shots hit Perez.
Three days earlier, Perez and several other members of the Barrio Cathedral City gang had beaten up Lopez’s stepfather, Sullivan alleged. Lopez told law enforcement about the alleged attack, which angered Perez, the attorney said.
“My client was being terrorized by this guy,” Sullivan said. “Jose Luis Perez was retaliating against my guy Derek for snitching.”
Lopez first fired at Perez on June 20, 2008, from his rooftop because he saw Perez pointing a gun at him, Sullivan alleged. Lopez then fired more shots soon afterward because Perez drove a car toward him, according to the defense attorney.
Deputy District Attorney Mike Tripp argued that Lopez’s actions were not in self-defense, especially since the defendant shot at Perez from his roof.
“We didn’t feel it was a self-defense claim and it was more of a criminal act on the roof,” the prosecutor said. “We’re disappointed with the verdict.”
Lopez was arrested in San Diego and spent two months in jail before posting a $100,000 bond in late 2009.
Perez, an illegal immigrant since returned to Mexico, was brought back to California to testify in the case. Tripp said Perez will now be sent back to Mexico.
The trial lasted nine days at the Larson Justice Center, and the jury returned its verdict following about three hours of deliberations.
Sullivan said the jury determined the testimony of his client to be credible over Perez’s account.
“I’m very happy that the jury gave us justice,” he said.
