It took two mistrials but the third was the charm for prosecutors. The jury came back with a verdict of guilty on all counts. That's the decision in the Jesse Herrera murder trial. He's accused of killing Kerry "Goldie" Davis on July 30, 2009.
"The issue here isn't who did it. We know Kerry Davis knew his murdered," says Wendy Larson, Winnebago County Assistant State's Attorney.
Davis was shot and left to die in a Rockford alley in 2009. During this last week of testimony multiple witnesses took the stand to say they saw Jesse Herrera or a man matching his description in that alley right before Davis was found.
"Each and every one of the state's witnesses in this case either contradicts each other or they cancel each other out and these are the states' witnesses I'm talking about," says Sheldon Green, defense attorney.
Besides questioning who was in the alley the defense also questioned what the witnesses actually heard. Four different people including a police officer testified Davis identified his killer by his nickname.
"Cartoon, Cartoon and a black guy shot me and pushed me out of a truck," says Larson.
"So they've proven Jesse's nickname is Cartoon. They haven't proven Goldie was talking about this person if Goldie could talk at all," says Green.
The defense says the bullet went through Davis' heart, hit both lungs and a rib before it became lodged in his back. They argued his chest cavity was filling with blood making it impossible for him to speak.
"The theory and arguments about a dying declaration. The fact is it didn't happen," says Green.
But the prosecution says there were not just four people who heard King talking. During the ride to the hospital an EMT testified King was still speaking asking if he was going to die. King did die a short while later at Rockford Memorial Hospital.
Herrera will be sentenced on July 18th for King's death.
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