
FRESNO, Calif. (KFSN) -- A Fresno County jury is now deliberating to decide if Damion Salinas is guilty of murder for the shooting death of Joshua Thao.
Attorneys on both sides made their final arguments to the jury on Wednesday.
"This is a drastic escalation. There is no reasonable need to fire four times toward a group of people," prosecutor Kelly Smith said.
"You do not want anyone convicted for something they did not do," defense attorney Roberto Dulce said.
Investigators believe Salinas shot Thao in the chest after an argument. The violence unfolded at the scene of an accident in east central Fresno back in 2020.
Thao had come to help his friend when prosecutors say Salinas opened fire.
Cell phone video was shown in the courtroom, prompting raw emotion from Thao's loved ones. One of his sisters gasped and grabbed her mouth.
Thao's family has previously told Action News, "We all miss him tremendously. His voice, his laughter, his love, and presence. This void we feel will never be filled."
Salinas paid close attention in court on Wednesday. He has maintained his innocence for years.
"Damion Salinas shot and killed Mr. Thao. That's not in dispute. It's the why that's important," Dulce said.
The defense attorney told the jury the case is about "bias" and said prosecutors cherry-picked an exhibit, he argued, could change the mind of the jury.
"I think for you to deliberate in what is going to be the most important decision you will make in your life, you need to see it," Dulce said.
Salinas chose not to take the stand in his defense. Instead, his attorney left the jury with a final bit of doubt.
"It should infuriate you that this case could have been submitted to you with just Exhibit 39, and you never saw Exhibit 42! You know how different the verdict would be?" Kelly said.
Prosecutors have confirmed to Action News that all the evidence was presented to the jury.
Jurors will resume deliberations on Thursday, August 14, at 10 a.m.
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