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Family members of East Palo Alto police Officer Richard May, who was fatally shot in the line of duty almost four years ago, told jurors during the penalty phase of his killer’s trial Tuesday how difficult their lives are without him.
“We used to talk about everything,” said May’s daughter Deanna May, who was 13 when May was gunned down on Jan. 7, 2006. “Now I don’t even remember the sound of his voice.”
May’s wife, Diana May, said her husband was “our protector” and her “beloved husband.”
“I never imagined when I told Rich goodbye the night before (he died) that it would be forever,” she said.
Jurors convicted 26-year-old Alberto Alvarez on Nov. 25 of first-degree murder with the special circumstance of killing a peace officer for May’s death.
The special circumstance makes Alvarez eligible for the death penalty, which prosecutor Steve Wagstaffe told jurors during opening statements of the penalty phase is the “appropriate” punishment.
May’s stepdaughter Brittany Cofield, who said May raised her since she was 5 years old, told jurors that the holidays are particularly difficult because May is not around for family traditions like buying a Christmas tree or making cookies.
On the last Thanksgiving before he was killed, “Rich said he was thankful for the four girls in his life,” said Cofield, now 21.
May’s youngest daughter, Lauren May, now 13, said her father always supported her soccer games and that sometimes she still can’t believe he is gone.
“My dad is not there to watch me play soccer,” she said. “Sometimes I think it’s all just a dream. I no longer have anyone to help me with sports.”
Alvarez’s defense attorneys, Charles Robinson and Eric Liberman, have asked the jury to choose the lesser sentence of life in prison without the possibility of parole.
Robinson and Liberman said outside the courtroom Tuesday that Alvarez was crying during May’s family’s statements and that their client understands the pain May’s family feels.
Liberman also said he thinks 15 people testifying on behalf of the prosecution in the penalty phase was too many. He said his research has indicated that there have never been more than eight witnesses allowed to testify for the prosecution during the penalty phase of a trial in California.
Robinson said Alvarez’s family and friends will speak during the defense’s turn but that Alvarez likely won’t make a statement.
“I know he feels terrible,” Liberman said. “He understands the loss he has caused. But we also recognize, based on his testimony in the trial, that the jury has rejected him and what he has to say.”
Alvarez testified during the guilt phase that May shot him first, and that he only fired back because he feared for his life.
Robinson said Alvarez has an IQ of 84 and, educationally, has the mental skills of a 9- to 15-year-old.
“He’s not Charles Manson,” Liberman said. “He’s not a rapist or a mass murderer. Yes, he was convicted of first-degree murder but it’s not like he sat at home for days thinking he would kill a police officer.”
The emotional testimony delivered by May’s family and friends spanned two days, ending just after 11 a.m. Tuesday.
East Palo Alto Police Chief Ron Davis, who was the first to testify Tuesday morning, said he will always remember the call he received notifying him that May had been killed.
“Rich’s loss was very impactful to the community, the Police Department and the entire law enforcement profession,” he said.
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I hope this guy gets the death penalty. At 15 years of age, I knew the difference between right or wrong. Killing a Police Officer is wrong.
My heart goes out to the May family and the Police Dept.
Wow, he’s not Charles Manson, a rapist, or a mass murderer. High praise indeed. All of my respect, prayers, and sympathy to the victim and his family. Alvarez should be left with nothing but the consequences for his actions.
From a legal perspective….
was it really first degree murder?
One definition I found……
“When a person premeditates (plans ahead of time) and intentionally kills another person. When the killing is not justifiable or excusable. Also, if the killing happens during the commission of a serious crime.”
Any criminal lawyers wish to enlighten?
Is the above description correct? Can first-degree murder be any of the above?
It doesn’t seem like Alvarez planned ahead of time to kill Officer Mays. Clearly the killing was not justifiable or excusable (to say the least!). It doesn’t seem like the killing occurred during another crime. ?
Anon, can you tie in the killing of Officer Mays to the recent Paly Egg Wars somehow?
I’ve said it once on this forum and I’ll enlighten you guys again. Officer May was an active participant in the acts that led to his death. The first degree murder conviction happened because Alvarez killed a cop. A white cop with a beautiful family, killed by a gangbanging latino. In America these days, that alone is almost enough to convict. Why do we even go to trial?
I have a lot of respect for most cops but this incident proper protocol was not used by Officer May.(1)He struck Alvarez twice with his club without provocation. Alvarez running away is not sufficient provocation for May to use his club.
(2)There are conflicting reports as to who shot first. Nobody knows. So of course it is assumed that the criminal shot first. If Alvarez pulled out his gun second and shot back after being shot in the leg, he was protecting himself from an aggressive police officer. A police officer who had already hit him twice w/ his club and now shot him. For what? Running away?
(3)I assume that the first degree murder conviction came from the second sequence of shots from Alvarez, the fatal shots. What if Officer May was pointing his gun at Alvarez from the ground? I dispute the “execution” theory. Particularly because everything happened so fast, there wasn’t time for contemplation. Maybe I’m wrong, maybe not. But the fact is, it wasn’t ever proven otherwise in court because nobody saw it w/ a clear view. Apparently, the EPAPD fumbled the investigation of the crime scene as well, which doesn’t surprise me. This is a police department that closes maybe 1 out of every 5-6 murders in the city. Not exactly the premier PD in California. I respect their efforts, simply speaking the truth.
You people on here may wholeheartedly disagree w/ me and that’s just fine. This is America and we are all allowed to speak our minds freely. If this were two thugs shooting it out in the street Alvarez might not have even faced charges. Manslaughter at most. Now he’s probably going to get the death penalty because of his criminal past and the fact that he killed a cop. Cases like this make me lose faith in the American justice system.
People like Anon make me lose faith in the American people.
I like how Anon flavors his 2 points to try and obscure the facts. which are:
1. It is clear that witnesses reported Alvarez shot first.
2. It is clear that May was shot, laying down on the ground with no possibility to continue the pursuit of Alvarez.
3. Alvarez, with 2 fully functioning legs and no other police officer around to pursue him, chose to come back to May, face him directly, and shoot him in the head….. twice.
Please tell me how this is NOT execution style.
My understanding is that when it comes to law enforcement, a murderer has stronger charges to face *because* they killed a law enforcement officer.
I understand some of the ambivalence about the 1st degree murder because some of the events aren’t clear cut, but I don’t know much about the specifics of 1st degree and I think others are confused. We can’t just say “He deserves 1st degree charges because he killed a cop,” unless he actually meets the criteria set forth in 1st degree, which is what this trial was about.
I believe it became 1st degree when douchebag decided to come back and shoot May in the head after already putting him down..
So Alvarez returning & shooting Officer May was proven? I found the reported accounts I read confusing, that’s why I am asking. I apprecitae the info!
Anon, I am amazed that you can even sleep at night. I am completely disgusted at your attempts at justifying an execution. Alvarez made a conscious decision that day to carry a gun (a convicted felon out on parol for prior drug and gun charges), he made conscious decision to engage in an assault in the bar, he made a conscious decision to run from the police, he made a conscious decision to not stop when told to do so, he made a conscious decision to shoot Officer May before being shot himself, he then made a conscious decision to run away, only to turn around and execute a man who was lying on his back with both hands trying to cover his face. It is so obvious that he didn’t want to go back to prison. Clearly a premeditated murder and obvious to a jury of 12 of his peers. So obvious that they only needed to deliberate for 6 hours. He absolutely made a conscious decision to committ murder and he should pay with his life. But of course there are already over 600 people on death row in CA, and with 20 years of appeals ahead he won’t face the ultimate judgement day anytime soon. Alvarez took the stand in his own defense and had every opportunity to express remorse and did not even attempt to say he was sorry. It’s obvious that he’s not sorry and for the lame ass defense attorney to make excuses like ‘he has a low IQ’, ‘his Dad was in jail’, come on, everybody has crap in their lives and we don’t go around killing people. It is clear that you are out of touch with reality, sitting in your comfortable Stanford dorm, just a few moments away from the warzone known as EPA.
Clearly a premeditated murder and obvious to a jury of 12 of his peers. So obvious that they only needed to deliberate for 6 hours. Sorry for his mom and siblings… but he should’ve thought about them before brutally murdering a guy just trying to do his job. And yes… we all have our demons and sob stories… but we are not all murderers. I am tired of people offering excuses for evil deeds.
As regards the premeditated murder part of it…
From “Justice”
“Alvarez made a conscious decision that day to carry a gun (a convicted felon out on parol for prior drug and gun charges)”
I’m trying to imagine myself on a jury. As regards this part of the issue, I suppose that Alvarez deciding to carry the gun constituted a type of “global premeditation”.
“he made conscious decision to engage in an assault in the bar,”
But no murder occurred DURING the assault per se. Don’t know how much “downstream” the assault portion has relevance. Was he charged also and convicted of the assault in the bar?
“he made a conscious decision to run from the police,”
Doesn’t speak to premeditation.
“he made a conscious decision to not stop when told to do so”
Well that is what running from the police entails.
“, he made a conscious decision to shoot Officer May before being shot himself,”
Murder alright. But so far the first degree aspect I can only see based on the perhaps “global premeditation” (he was locked and loaded to shoot anyone who got in his way)
“he then made a conscious decision to run away, only to turn around and execute a man who was lying on his back with both hands trying to cover his face.”
Now, assuming that this is what happened (and I don’t have any reason to necessarily believe or not) if indeed he ran and had this light go off in his head “hey if that cop can identify me I’d better go back and kill him first” that would definitely fit the bill for pre-meditation.
So yes, imagining myself on the jury and accepting the prosecutions version of events…I could see myself voting for it being first degree.
Not trying to argue, just trying to understand
I didn’t follow this one close enough to know all the purported ‘facts’. However, from what I can tell, the cop identified a person of interest from a radio call description. Then he followed the guy. The guy ran. The cop chased him on foot. Cops chase guys all the time, and use whatever means are necessary and appropriate to apprehend them. The cop used his billy stick on the guy, either before of after a big fight ensued. The guy had a gun. Was this gun seen by the cop? If it was, then the cop had every right to shoot first. If not, he did not, unless he felt that his life was in danger from the fight.
The perp, and his defense lawyer, are alive, and they told their story.. The cop is dead, so the prosecution told its own story.
Do I have the basic facts correct?
If so, the death penalty (special circumstances) should only come into play if the guy circled back to eliminate the cop. Otherwise, it is just a very tough situation. The jury decided on Murder One, but special circumstances will need to be determined on a different level, not just that he killed a cop.
Of course it was pre-meditated murder as he had every option to not shoot, injure, or in his case EXECUTE the officer after having shot him down. How many seconds or minutes would it take to constitute pre-meditated, given the fact that he had every opportunity to NOT do what he did?? Give me a break.
My deepest sympathy to Officer May’s family. It is important that the true victim be remembered.
And many of us don’t need “enlightenment,” thank you very much, Anon of Stanford. Alas, it is all too clear.
Considering Mr. Alvarez was shot also …. does anyone think that he could have been killed also??? I feel for the officer’s familly and my thoughts and prayers are with them but killing another will NEVER bring officer May back..nothing will.