VISTA – A jury acquitted an Oceanside man yesterday of attempted murder for shooting at three police officers, but convicted him of less serious crimes that will likely send him to prison.
After deliberating for seven days, jurors found Jimmy Malo guilty of attempted voluntary manslaughter on one Oceanside police detective and assault with a firearm on the three detectives.
The panel deadlocked 11-1 in favor of acquittal on the attempted voluntary manslaughter charges involving two other detectives. Superior Court Judge Joan Weber dismissed those counts.
Malo, 27, was among 50 to 100 people at a home on Arthur Avenue, near Gold Drive, on Oct. 15, 2005. The occasion was a memorial service for the homeowner's grandmother, according to testimony.
Malo, who aspired to be a probation officer, testified he was handed a gun and confronted the passengers of a slow-moving SUV because he believed they were going to shoot at the crowd. Shots were exchanged between Malo and the SUV. Malo was hit in the buttocks, right ankle and arm, according to testimony.
The passengers turned out to be Sgt. John Anderson and Detectives Dwight Ayers and Sean Marchand, who were not injured.
They were on patrol in the neighborhood, which is known for gang activity, in an unmarked SUV and were wearing street clothes when Malo walked toward them and fired, they testified during the five-day trial.
Prosecutor David Williams said he will decide by Nov. 14 whether to refile the dismissed charges. Malo faces a maximum 26 years in prison when he is sentenced at a hearing Dec. 5, Williams said.
He would have faced a life sentence if he had been convicted of attempted murder.
Several jurors said in interviews that the panel focused on what prompted the shooting. They believed Malo's testimony that he thought the SUV's passengers were gang members, not detectives.
The jurors said they found that the evidence showed Malo confronted the vehicle with the gun, but Ayers fired first, which prompted Malo to shoot. Since Malo did not fire first, he did not intend to kill the officers and he was acquitted of attempted murder, the jurors said.
Malo was found guilty of one count of attempted voluntary manslaughter because the jurors said they believed Malo exchanged gunfire with Ayers but did not intend to harm the other detectives.
“We believe he fired a warning shot and pointed the gun at the vehicle because he wanted it to stop,” said one juror, who declined to give his name.
“He did not know they were cops,” said the juror, an airline pilot from Oceanside. “It has been a very emotional case. Malo got the benefit of the doubt.”
The prosecutor said he and the detectives accept the jury's verdict.
“Although I might not agree with the jury's perception of the case, they are the fact finders and I respect their verdict,” Williams said in an interview.
Defense attorney Ronald LeMieux said he was disappointed his client was convicted.
“In my opinion, he did not commit a crime,” LeMieux said in an interview.
Jose Jimenez: (760) 737-7568; jose.jimenez@uniontrib.com
