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Man Convicted of Murdering 76

A.Davis37 min ago

A Pasadena man — who had been part of a construction crew that had worked at an Arcadia home — was convicted Thursday of murdering a 76-year-old woman whose body was discovered in her backyard.

The downtown Los Angeles jury deliberated less than an hour before finding Heber Enoc Diaz, now 33, guilty of first-degree murder for the April 9, 2019, killing of Chyong Jen Tsai.

Jurors also found true the special circumstance allegations of murder during the commission of a robbery or attempted robbery and murder during the commission of a burglary or attempted burglary, along with allegations that he had personally used a box cutter, a drywall saw and a hammer during the commission of the crime.

Diaz was also convicted of three counts of burglary and one count each of robbery and dependent adult abuse resulting in death.

He is facing life in prison without the possibility of parole, with sentencing set Dec. 16 before Superior Court Judge Terry A. Bork.

During closing arguments Thursday, Deputy District Attorney Miriam Avalos said there was an "overwhelming amount of evidence" to prove the defendant's guilt.

The prosecutor told the jury that it was "ludicrous" for the defendant to claim to Los Angeles County sheriff's detectives that the victim attacked him first, with the deputy district attorney saying that Tsai tried to run away from him and screamed for help.

The woman was stabbed multiple times, her throat was cut twice and she had injuries that were consistent with her being hit by a hammer and choked, Avalos told jurors, noting that she was sorry she had to show them graphic photos of the woman.

During an undercover jail operation after his arrest, Diaz said the woman — who had brought him breakfast every day while he was working on the construction crew — called him by his name and asked him what he was doing on the property, according to the prosecutor.

"As soon as he saw her, Ms. Tsai was going to die," Avalos told jurors, saying that Diaz caused the victim "unimaginable pain."

The prosecutor told the jury that Diaz had also been involved in another burglary at the property about three weeks earlier while he was still working there.

Diaz's attorney, Simon Aval, countered that his client solely returned to the property where he had worked "with the intention of stealing tools."

The defense lawyer said there was "no plan for Mr. Diaz to hurt anybody that night," telling jurors that he believed it was "clear that he (Diaz) did not go there with an intention (of) hurting anybody."

The defense lawyer suggested that the attack was a "crime of impulse" and was not premeditated.

Aval noted that the victim had been described as a "wonderful lady," and that it would be human nature to feel emotional about the graphic photos of Tsai's injuries.

But he said it doesn't mean that the crime should be over-charged.

He argued that nothing was taken from the woman in her presence and said there was "insufficient evidence" to support a "special circumstances type of murder."

In her rebuttal argument, the prosecutor questioned why Diaz would ride a bicycle to the home if he was going to steal "very, very heavy tools," and said the only reason would be if he was going to take Tsai's Lexus, for which the keys were inside her house. The vehicle was found about three miles from where the defendant lived, she said.

Diaz — who was linked to the killing through cellphone records and DNA — was arrested 10 days later by Los Angeles County sheriff's deputies.

He has remained behind bars since then.

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