Deliberations Continue in Burglary-Murder Trial

Jury deliberations resume today in the murder trial of Timothy Pemberton, charged with killing Gary Smith, who chased a burglar after hearing a woman scream.

Attorneys presented their closing arguments Thursday afternoon to the San Diego Superior Court jury, which discussed the case for about 30 minutes before recessing for the day.

Pemberton, 22, a transient, could receive life in prison without the possibility of parole if a jury declares special circumstances in that he killed Smith during a burglary or robbery.

The incident occurred July 18 when Christiane Chazin reportedly stepped into her University City condominium, saw a burglar and screamed. Smith, 35, who was laying carpet next door, reportedly gave chase to the fleeing assailant.

Witnesses at the trial said Pemberton shot Smith four times, even after Smith fell to the ground.

Smith was in a coma for six days before dying of his wounds.

Deputy Dist. Atty. Lisa Chappell argued for a first-degree murder conviction, citing special circumstances.

Chappell told jurors that their duty was to answer this question about Pemberton: “Was he running away from a robbery or a burglary, and did he kill him?”

Pemberton ran away from the condominium, and the shooting did not in fact occur during a burglary or robbery, Butler argued.

Pemberton did not testify in the weeklong trial before Judge Richard Murphy.