Otay Mesa

Jury deliberations will begin today in the murder trial of an Otay Mesa man who faces the death penalty if he is convicted of first-degree murder with special circumstances.

Richard Samoyoa, 35, is charged with fatally beating Nelia Silva, 33, and her 2-year-old daughter, Katherine Silva, on Dec. 18, 1985, in their house. Samoyoa lived across the street.

Deputy Dist. Atty. Jeff Dusek urged a verdict of first-degree murder and a finding of three special-circumstances allegations. They include a finding that there were multiple murders committed and murder committed during a burglary.

San Diego Superior Court Judge Douglas Woodworth barred the press and public from hearing the closing arguments Wednesday.

A penalty phase of the trial would begin if the jury finds Samoyoa guilty of the special circumstances. The jury would then deliberate whether Samoyoa should be executed or be given life in prison without the possibility of parole.

Samoyoa’s attorney, Michael Popkins, conceded that his client was guilty of first-degree murder because the slayings occurred during a burglary, but he argued that facts do not warrant special circumstances.

“This is not a premeditated, planned-out killing,” Popkins said. “This is not a remorseless killing.”