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D.A. Seeks 2nd-Degree Murder Conviction in Fatal Dispute Over Beer : Nyeland Acres: But the defense tells jury that the 1994 stabbing death is manslaughter, brought on by the victim’s constant humiliation of the defendant.

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SPECIAL TO THE TIMES

A dispute over the brand of beer purchased for a night of drinking led to murder in Nyeland Acres last year when a man was stabbed by his roommate after pouring the alcohol down the kitchen sink, a jury was told Thursday.

But while prosecutors are seeking a second-degree murder conviction against Miguel Garibaldi, the defense insists the crime is manslaughter, brought on by the victim’s constant humiliation of the defendant.

The facts of the case are not in dispute: Garibaldi, 38, killed Jesus Arredondo-Sanchez on Aug. 5, 1994, during an argument that was sparked when the defendant brought home a 12-pack of Anheuser-Busch Natural Light beer instead of Michelob.

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Arredondo-Sanchez believed he was entitled to pick the brand of beer because he paid for it. Garibaldi, however, thought the beer should be his choice because he made the trip to the store.

Garibaldi and Arredondo-Sanchez, 31, had a long history of arguing, both the prosecutor and the defense attorney told jurors during opening statements in the murder trial. The two were living with several other men in a small house in Nyeland Acres, and Arredondo-Sanchez constantly belittled the defendant because he was unemployed and did not pay rent or buy food, the attorneys said.

On the day of the slaying, Garibaldi drank for several hours with a friend at the house, Deputy Dist. Atty. James D. Ellison said. That evening Arredondo-Sanchez gave the defendant $10 and sent him to the store to buy more beer, Ellison said.

When Garibaldi returned and an argument started over the beer brand, Arredondo-Sanchez was not appeased--even when the defendant promised to reimburse him for the Natural Light.

“I paid for the beer; I don’t like the beer; nobody else is going to drink it,” Arredondo-Sanchez reportedly said during the argument, and he began to pour it down the sink.

According to witnesses, Ellison said, Garibaldi told Arredondo-Sanchez to get the cans out of the sink. The prosecutor told jurors that one person heard Garibaldi say, “I can kill you--don’t think I can’t.”

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Shortly after that, Arredondo-Sanchez stumbled into the living room, where he collapsed and later died from a stab wound in the abdomen with an 8-inch kitchen knife.

Deputy Public Defender Joseph Villasana told jurors that the slaying occurred after Arredondo-Sanchez spent a full hour belittling the defendant. While Garibaldi dabbed tears away from his eyes with a tissue, his attorney told the jury that Arredondo-Sanchez repeatedly called the defendant “a kept woman,” told him he was lazy and said he wished he had enough money to send Garibaldi home to Mexico.

Garibaldi is a man of average intelligence but is an alcoholic, Villasana said. It was “the proverbial last straw” for the defendant when Arredondo-Sanchez announced he was pouring the beer down the drain, the defense attorney said.

Villasana said a psychologist will testify that Garibaldi was in a rage when he killed Arredondo-Sanchez. He also reminded jurors that manslaughter is a slaying “in the heat of passion.”

“Rage and humiliation are emotions that reduce a murder charge,” Villasana said.

Ellison acknowledged that Garibaldi was angry when he killed Arredondo-Sanchez. But the prosecutor added that the defendant’s “intoxication level and emotional level are not such to warrant less” than a murder conviction.

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