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The trial of Otto Emil Koloto for the killing of a South San Francisco man next to the Palo Alto police station began Wednesday morning in Santa Clara County Superior Court in San Jose with two days of technical motions and jury selection.

Opening statements by prosecutors and defense attorneys are expected to occur Monday.

Koloto, 23, is charged with murder with an enhancement of use of a firearm in the commission of a felony for the shooting death of Philip Lacy, 27, in the early morning hours of July 13, 2008. If convicted, Koloto faces a maximum sentence of life in prison without possibility of parole.

The brazen robbery and shooting took place on Bryant Street next to Palo Alto City Hall and around the corner from the police station.

During a preliminary hearing last June, witnesses said Koloto approached Lacy and several friends as they sat in a car next to the Palo Alto City Hall, just around the corner from the police station, awaiting another friend.

Witnesses told police that Koloto approached the car, asked for a cigarette, then allegedly pointed a gun at Lacy. He demanded a gold-chain necklace with a diamond-encrusted crucifix that Lacy was wearing. Lacy handed over the chain, then lunged at Koloto as he started to leave, tackling him around the waist.

Koloto shot Lacy in the forehead point-blank during the scuffle, witnesses said.

Police identified Koloto as a suspect after finding his driver’s license near the crime scene.

Donald Lee, a friend of Koloto’s, was also charged with murder. He allegedly was waiting for Koloto in a car and drove him from the scene.

Lee pleaded no contest to accessory charges and was sentenced to one year in prison in June 2009, according to Deputy District Attorney Matt Braker, who is prosecuting the case.

Koloto is being defended by Andrew Gutierrez of the Santa Clara County Office of the Public Defender.

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11 Comments

  1. Unbelievable … this story is disgusting. I don’t understand how in a simple case like this anyone could not be for the death penalty. Anyone who would shoot someone else for trying to get back their own property is pure evil vermin and the death penalty cannot be imposed too quickly.

  2. Forget the death penalty. The average cost of a death penalty case is 10x higher than life in prison since every year if an inmate chooses they must retry the case instead of a simple appeal process. The cost of retrying the case as opposed to a simple appeal is astronomical. Plus life in prison without possible parole is punishment enough. Ask any inmate. Many of them would rather die than be in prison for life. The fact is is that nobody benefits from the death penalty except for the victims family.

  3. No Death Penalty, MOST inmates would rather have life in prison that death. That’s a fact. Also, who is going to pay for more prisons? We don’t have enough now to house everyone who needs “life”. We’d need 5 times the prison space. Maybe you’d like to pay for them. I don’t want to. The reason the “cost” of the death penalty is so high is because of the ridiculous numbers of appeals. If someone is PROVEN guilty, the death penalty should be applied – but much more quickly.

  4. The death penalty is barbaric. All civilized nations have eliminated it. Regardless of how heinous the crime, killing someone who can’t defend him/herself is murder, and the state shouldn’t be in the murder business, regardless of how much it costs to imprison the convicted. The existence of the death penalty and our addiction to guns are the two of the three main reasons Americans are considered as uncivilized yobbos in many parts of the world, the third one being the unfathomable ignorance of most Americans. The killer deserves life without parole which is what he’ll probably get, and frankly, that’s worst than death.

  5. There appears to be a cocaine connection in this story, the murder was brutal but we do not understand the cocaine issue, is it real or not?

  6. This guy is clearly a thug, but this wasn’t premeditated murder. Life in prison sounds about right. The driver’s 1 year is fair. He signed up for driving his buddy during a robbery, not murder.

  7. I was just dismissed by the defense attorney on Friday as a potential juror for this case. I have never served on a jury before so I was a little disappointed that I was bounced. However, everything happens for a reason, and I am sure this case will be extremely stressful. After reading all the articles associated with this case, I’m sure I would have found the defendant guilty. I hope the jury does. You should have seen him in the courtroom all dressed up. Disgusting!

  8. I’M THE DONALD LEE, AND I DID MY TIME IT WAS FAIR THERE IS MORE TO THIS CASE THEN ANY BODY FROM THE NEWS ROOM CAN TELL U. IT ISNT IN OUR HANDS TO JUDGE LET THE JUDGE DO THAT. AND REGARDLESS IF OTTO DID THIS CRIME I NO NOT, THAT IS MY HOMMIE AND I WILL STAND BY HIM NO MATTER HOW MANY YEARS HE GETS OR DOESNT GET….. THE D.A TRIED TO RAILROAD ME FOR SOMETHING I DID NOT DO AND I WAS FOUND NOT GUILTY OF MURDER. I LIVED IN A BOX FOR 13 MONTHS CONTEMPLATING LIFE IN PRISON….FOR SOMETHING I DID NOT DO, THIS ALL COULD BE A MISTAKE. I MEAN REALLY ALL POLYS LOOK ALIKE… UNTIL THIS CASE IS DONE DONT SPEAK ON WHAT U DONT KNOW AND DONT SPEAK ON DEATH PENLTY TILL ITS UR LIFE AND U FACE IT. ITS EASY TO POINT THE FINGER WHEN U ARE NOT IN THAT PERSONS SHOES LET THE JUDGE DO HIS JOB. AND DONT JUST AGREE WITH THE D.A, BECAUSE IT SOONS GOOD.

  9. “The death penalty is barbaric”

    Yes, that’s exactly the point, and exactly the reason it should be used in the majority of homicides.

  10. donald lee…..i was very close to phil, and you have NO room to even speak on these articles!!! your “homie” is getting what he deserves.

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