Arlene Gail Mallory, tearful at times, recalled the day her son came home after 55-year-old Michael G. Ochoa was fatally stabbed in the 1100 block of MacLaren Street on
Aug. 21, 2018.
Her son, Anthony Gregory Mallory, 21, is facing a second-degree murder charge in Ochoa’s death.
Arlene Mallory testified Monday in Yakima County Superior Court, where she told jurors her son feared for his life when he stabbed Ochoa.
This is the second trial in the case. The first one ended in a mistrial after a juror shared information with other jurors he obtained outside the courtroom, which was against instructions.
Prosecutors say Anthony Mallory stabbed Ochoa without provocation while Ochoa was trying to find a trailer he loaned a family that was being evicted.
Mallory’s attorney says he was defending himself when Ochoa became aggressive and threatening.
On Monday, Arlene Mallory told the court that her son was gone much of the day of the stabbing. When he returned, he took a shower.
She said he looked pale and sweaty when he got out.
“I could tell by the look on his face that something was wrong,” Arlene Mallory told the court.
She said police were responding to an area down the street.
“We saw the police in the area where the incident occurred,” she said.
She said she asked her son what happened, and he wouldn’t answer at first.
She asked again and he told her, Arlene Mallory told the court.
“The person was asking about the trailer, was aggressive and came after Anthony — wouldn’t let him pass,” Arlene Mallory said.
“But he threatened him — the guy said he was going to end him,” she added.
She also testified that she took Anthony to State Fair Park the following day to seek employment. He wanted to hide something by the Nob Hill Boulevard overpass, but she said she wouldn’t help him.
Deputy Prosecutor Sam Chen pressed Arlene Mallory about her testimony and how it differed from her son’s.
Chen asked to be allowed to question Arlene Mallory about a portion of her testimony in comparison to what her son told the court during the mistrial.
Defense attorney Kenneth Therrien objected, but Judge Gayle Harthcock allowed it so long as Chen established a basis for doing so.
Chen also asked Arlene Mallory about what she told police the day her son was arrested. He asked if she remembered telling police that according to her son, Ochoa threatened to punch his lights out.
She said she couldn’t clearly recall what she had told police.
“My son had just been hauled off to jail — I don’t remember exactly what I said,” Arlene Mallory said.
Chen also asked about Mallory’s training in martial arts and why he quit.
Arlene Mallory said he quit on his own.
Chen pressed further, asking if it was related to his use of drugs.
She said the martial arts instructor told her so he’d have to leave the dojo if he kept doing what he was doing.
Chen asked if that was “getting stoned.”
Arlene Mallory answered yes.
Testimony started Friday, after Harthcock rejected Therrien’s request to move the trial out of Yakima County.