Prosecutors rested their case Monday against Felipe Luis Jr., who is accused of taking part in the 2018 beating death of another Yakima County inmate, Jacob Ozuna.
Now, the jury again will see a video of the attack on Ozuna. Two versions of the video were discussed during witness testimony Monday, one that was provided by an investigator and a second that may have spanned a longer amount of time.
Luis, 21, is charged in Yakima County Superior Court with two counts of aggravated first-degree murder — one an alternate charge — and a gang enhancement. If convicted, he’d face life in prison without parole.
Defense attorney Rick Smith said he will argue for dismissal of the second count and the enhancement.
On Monday, Smith questioned the timeline of the videos and focused strongly on how one corrections officer had left his duty station about the time the attack occurred.
Smith and Deputy Prosecutor Sam Chen again sparred over evidence that Judge Kevin Naught ruled against admitting earlier in the trial.
Naught allowed one bag of evidence containing books and ramen that belonged to Ozuna but wouldn’t allow another containing letters and other writings because it wasn’t clear whether they belonged to Ozuna and therefore lacked relevancy.
Luis is one of three people accused in Ozuna’s death, along with Julian Luis Gonzalez, 23, and Deryk Alexander Donato, 27.
Prosecutors argue the three beat Ozuna to death Dec. 9, 2018, because he killed a fellow Norteno in violation of his gang’s code.
Ozuna, 36, was awaiting trial in the death of Dario Alvarado, who was shot to death outside a Toppenish area home in May 2018.
Gonzalez, of Toppenish, entered an Alford plea to first-degree murder, which allows him to maintain his innocence while acknowledging prosecutors had enough evidence to convict him. He was sentenced to 24 years in prison.
Donato, who is from White Swan, is undergoing a mental competency review. He said he heard voices telling him what to do and not to trust his attorney.