Confessed Hollyood cop-killer Jason Banegas deserves to be punished for what he did, his lawyer told a Broward jury Monday.
Yandy Chirino was an innocent man, working his shift as a loyal member of the Hollywood Police Department, when he got into a struggle with Banegas on Oct. 18, 2021. A gun went off. Banegas was left standing; Chirino lost his life.
And while prosecutors say Banegas should lose his as well, Banegas’ lawyers want a 12-member jury to consider the alternative. “Life in prison without parole is a severe enough penalty,” said defense lawyer Krista Richman.
Banegas pleaded guilty to first-degree murder in October, leaving jurors with the task of determining his punishment rather than his guilt.
Jurors are expected to hear the rest of this week from a string of witnesses testifying about Banegas’ upbringing and mental health, issues they are allowed to consider as “mitigating factors” in determining whether to sentence Banegas, 22, to life or death by lethal injection.
Broward Circuit Judge Ernest Kollra would not be able to sentence Banegas to death unless nine of the 12 jurors hearing the case recommend it. Life in prison without the possibility of parole would be the only legal alternative.
Richman told jurors Monday that Banegas had a difficult childhood and reminded them he was only 18 when the crime took place. He was a product of rape, Richman said. His mother was a victim of human trafficking. Banegas may have been an adult, in legal terms, but in practical terms he was too young to appreciate the gravity of his actions.
After he was charged, Banegas told investigators he brought a gun and was intent on killing himself when he struggled over it with Chirino. He wanted to kill himself when he pulled the trigger.
Instead he killed a young, cheerful and loved member of the Hollywood Police Department.
“He wasn’t even supposed to be working that night,” said Chelsea Howell, Chirino’s girlfriend at the time of his death. Howell testified last week during the prosecution’s case. Juries in death penalty cases are tasked with walking a legal tightrope, acknowledging the suffering of victims and the emotional impact of their deaths without formally considering those statements when rendering their life-or-death decisions.
“Right before he encountered you, he was home with me, excited to head to work, joking, laughing, being his goofy self,” Howell recalled. Video of her testimony was posted by Court TV. Chirino was 28 when he died.
It was not clear Monday how long the defense will take to present its case. Kollra has told jurors he anticipates closing arguments early next week.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457.