ENCINO : Life Term Considered in Bystander Slaying

A jury was asked Friday to decide if a Van Nuys gang member should spend the rest of his life in prison because he encouraged a 14-year-old boy to shoot a bystander who chased them after they stole beer from a convenience store.

Deliberations will continue Monday in the case of Jose M. Murillo, 19, who is charged with first-degree murder in the April 12, 1992, slaying of Christopher Lee Brown, a 24-year-old Woodland Hills man.

Defense attorney Irwin Pransky conceded to the Van Nuys Superior Court jury that Murillo was guilty of the killing because he admitted on the witness stand that he was involved in the burglary of a 7-Eleven store near the intersection of Burbank Boulevard and White Oak Avenue in Encino. Under California law, if someone dies in the course of a serious crime such as robbery or burglary, those involved in the crime are also guilty of first-degree murder.

Prosecutors have alleged that the slaying took place during the course of a robbery, a special circumstance allegation which, if found true by the jury, would send Murillo to state prison for a sentence of life without the possibility of parole.

While Murillo testified that he yelled “shoot” moments before the 14-year-old gunman fired the bullet at Brown, the jury must decide if he acted with “reckless disregard” in order for the special circumstance to be proven.

Murillo maintains that before he handed off a .22-caliber handgun to the teen-ager, he carefully instructed him to shoot over the head of anyone who might come after them.