OAKLAND (BCN)—An Alameda County prosecutor told jurors during closing arguments of a murder trial today that cellphone records contradict a motorcycle mechanic’s claim that he wasn’t at the scene of the fatal shooting of a 51-year-old woman in East Oakland last year.
In his closing argument in the trial of Michael Herbert Horace, 64, for the shooting death of Oakland resident Tass Jackson in the 1200 block of 46th Avenue at about 1 a.m. on April 29, 2015, prosecutor Peter McGuiness said Horace’s cellphone was found near Jackson’s body and records indicate that Horace used it to call a friend only four minutes before the shooting.
Horace testified during his trial that he owned two cellphones and said the one that was found near Jackson’s body hadn’t been in his possession for a long time.
Horace’s defense attorney William DuBois said today during his closing argument that Horace “didn’t have a phone at the scene because he wasn’t at the scene.”
DuBois said, “The prosecution must prove that he was there and they haven’t done that.”
DuBois said four people who know Horace testified that he was working at his motorcycle shop at the time of the shooting.
However, McGuiness said two witnesses saw the shooting and testified that Horace was the shooter. He also said Horace was found with a gun that matches the description of the murder weapon.
But DuBois alleged that the witnesses only identified Horace in photo lineups that were flawed because Oakland police coached them to identify Horace.
“It would be a tragedy if there was a conviction based on no eyewitness identification,” he said.
Oakland police said the shooting may have resulted from an earlier argument between Horace and Jackson.
But DuBois said the fact that no clear motive has been established, combined with Horace’s history of non-violence and questions about whether he was at the scene, mean that there’s reasonable doubt.
“You must find him not guilty,” DuBois told jurors.
But McGuiness said, “I’m confident that after you sift through all the noise in this case, you will find him guilty of murder.”
He told jurors, “Use your common sense. I’m confident that if you do, there will be justice for Tass Jackson.”
In addition to the murder charge for Jackson’s death, Horace is charged with shooting at an occupied vehicle for allegedly firing a shot that hit a parked car containing a woman, and assault with a firearm for allegedly shooting at a man on the street who was trying to help Jackson after he was
shot.
Jurors began deliberating Horace’s fate after their lunch break today.