Closing arguments wrapped shortly after noon Friday. The defense began the morning and the Commonwealth wrapped before lunch break.
Both sides presented solid arguments for the jury to consider in their deliberations.
Defense attorney Tom Dickey stood before the jury and first asked them if they do side with the Commonwealth to make sure they do so without beyond a reasonable doubt in mind.
Moving forward, he explained a person is justified in using deadly force if they believe they are or are actually in danger.
He went through testimony and evidence to support his client, Jorge Gomez, was acting in self-defense. Attorney Dickey said there is sufficient evidence that Kai Carter;s intent was to “kick the crap out of Gomez.” He submitted to the jury that Kai Carter sucker-punched Gomez, who stumbled backward, and continued to come at him until Gomez shot at him in self defense. Attorney Dickey also submitted that Gomez did not necessarily shoot directly at Carter on purpose, rather he meant to shoot in that direction to scare him off.
He spent awhile recounting these events, the trajectory of the bullet found, and testimony he said has some inconsistencies.
Attorney Dickey also stressed that the testimony about Gomez threatening to “take care of” Kai Carter with a gun hand motion is hardly reliable. He said that witness did not come to police until only six months ago, so the jury should consider why the witness did not come forward sooner.
All of these factors were considered in the Commonwealth’s testimony and the same evidence was used in a way just as compelling as the defense.
The Commonwealth opened, saying Attorney Tom Dickey used a lot of hypotheticals in the defense’s closing arguments, and those hypotheticals “do not work.”
They also recounted the events of May 3, 2015, but there were some differences. The Commonwealth said evidence and testimony suggests it was an argument that was supposed to be mediated by two others. The four of them stood on the porch talked for at least 20 minutes.
There is no dispute from the Commonwealth or defense that Carter punched Gomez, but the Commonwealth said simple assault is not grounds for deadly force. Plus, the law states Gomez had a duty to retreat and he did not.
The Commonwealth said Gomez immediately shot Carter, adding evidence indicated at least two shots were fired, and Gomez knew exactly what he was doing.
They said Gomez did not even bother calling police. Carter’s sister was the only one to call 9-1-1 that night. Gomez instead hid inside the house while a friend dumped the gun in a trash can in the alley.
As for testimony about Gomez being visibly upset and crying, the Commonwealth said he was not remorseful for what happened to Carter, but for what was going to happen to himself.
The statement that Gomez once said in that he would “take care of” Carter with the gun hand motion: the Commonwealth said it is not surprising the witness did not make that statement to police sooner. They said who would want to tell someone’s mother her dead son threw the first punch?
Gomez is facing multiple charges including carrying a firearm without a license, aggravated assault with a deadly weapon, and aggravated assault causing serious bodily injury.
Now, it’s up to the jury to decide if Gomez is guilty of murder or manslaughter.