Fresno senior citizen testifies about killing gangster nephew

Tuesday, September 30, 2014

A senior citizen who killed his gangster nephew defended his actions Tuesday from the witness stand.

FRESNO, Calif. (KFSN) -- A senior citizen who killed his gangster nephew defended his actions Tuesday from the witness stand.

In the hours after he killed his nephew, Robert Lopez gave his version of the shooting to Fresno County sheriff's detectives. He claimed self-defense, but also said he thought what he did was against the law. Detectives dug deeper, wanting to know how the relationship ended in violence in March of last year.

"The question from the detective was 'Why tonight and not like a week ago or a month ago or several months ago. Why tonight, Robert?'" said prosecutor Bob Whalen. "And you said 'I don't know.'"

"I don't know," Lopez said. "I've never been threatened before."

We're not allowed to record video inside the courtroom where Lopez testified, but his testimony is fair game. His nephew, Michael, was a known gang member who had just been arrested the day before the deadly confrontation. Eleven hours later, he got out and got killed. Robert Lopez seemed to blame the jail for the shooting.

"And you're referring to the sheriff's deputies saying you shouldn't have let him out, right?" Whalen asked. "What do you mean by that?"

"They're the ones that put me in danger," Robert Lopez said.

But prosecutors say the danger was not imminent. Michael Lopez may have gotten in his uncle's face, but he wasn't a threat when Robert shot him. And the 71-year-old with no prior criminal history seemed very remorseful shortly afterwards.

"The detective asked you if you felt bad about what happened and you said 'I felt like hanging myself,'" Whalen said. "Can you tell us why it was at that point you felt like hanging yourself? Was it because of what happened to Michael or something else?"

"He's my nephew," Robert Lopez said. "His mother is my sister. How do you want me to feel?"

Lopez would get life in prison if he's convicted of murder. He seemed unfazed by the possibility, telling detectives last year, and the jury on Tuesday, he doesn't expect to live much longer.