A jury on Friday, May 15, convicted a San Pedro man of fatally shooting an off-duty Monterey Park police officer outside a gym parking lot in Downey nearly four years ago.
Jurors deliberated for about 40 minutes and found 24-year-old Carlos Delcid guilty of first degree murder with the special circumstance allegations that the crime was committed during an attempted robbery and attempted carjacking.
They also found him guilty of shooting at an inhabited vehicle and possession of a firearm by a felon, the other charges related to the Aug. 8, 2022 fatal shooting of Gardiel Solorio .
In addition, the jury convicted Delcid of second-degree robbery, which happened in Long Beach on April 26, 2022.
While a court clerk read the verdict aloud, Delcid at one point covered his eyes with his hands.
He returns to Norwalk Superior Court on Aug. 5 for sentencing. He faces a possible maximum sentence of life in prison without parole, said Deputy District Attorney Geoff Lewin, one of the prosecutors in the case.
The jury spent most of Friday listening to closing arguments in the retrial, which started Monday, May 11.
“This is a very straightforward case,” Deputy District Attorney Michelle Weiske told the jury.
The Aug. 8, 2022 shooting happened outside an L.A. Fitness gym at the Downey Landing shopping center in broad daylight, and portions of it were caught by different cameras, she said.
The prosecution argued that Delcid, Christopher Sanchez and Gerardo Magallanes were in a Honda Accord looking for a car to steal. Sanchez, then 17, was driving the Accord, which entered the parking lot.
A black 2019 Dodge Charger driven by the 26-year-old Solorio entered from the north side. He was going to work out at the gym, police said.
“They just happened to meet in front of the L.A. Fitness,” Weiske said. There was no road rage, she said.
The Charger drew the attention of Delcid and his companions.
“They decide that’s the one,” Weiske said, adding the Accord followed the Charger.
Delcid stepped out of the Accord, put on a mask, walked up to the driver side of the Charger and pointed a gun at Solorio, she said.
Solorio put the car in reverse and started to back up, Weiske said. Delcid fired five shots through the car window, all hitting Solorio, she said. Four were fatal wounds.
In addition to video, the prosecution also played statements made by Delcid, Magallanes and another man while in custody. There was planning, she said.
“They were looking to steal a car. The moment they entered the parking lot, they were looking for a fast car,” Weiske said, adding Magallanes handed Delcid a gun.
After the shooting, Delcid returned to the Accord, which drove away.
Solorio died at the scene from gunshot wounds to the chest and abdomen, according to the medical examiner’s office.
A dashcam captured the Accord’s license plate, and detectives learned it was registered to a home in Long Beach, prosecutors said. They were waiting when the car returned and two of the three suspects, Delcid and Sanchez, were arrested the night of Aug. 8, 2022.
Downey police arrested Magallanes on Aug. 11, 2022, booking records show.
Weiske also played a video of the April 26, 2022 robbery in Long Beach, where a man, later identified as Delcid, ripped a gold chain off David Fracalosy’s neck, shot at him, chased him, and then picked up a wallet the victim threw at him.
Fracalosy identified the robber when later presented with photos of six men.
Delcid’s attorney, Richard Sternfeld, told the jury the shooting was either second-degree murder or involuntary manslaughter. Delcid was under the influence; he had used marijuana, took Xanax and drank, according to the defense.
Sternfeld pointed out that marijuana, White Claws and a nitrous oxide tank were found in the Accord. When Delcid was arrested that night, he said several officers thought he was under the influence.
Delcid wasn’t guilty of the Long Beach robbery, Sternfeld said, adding the victim was only 75% certain of the man he picked among six photos.
In the prosecution’s rebuttal, Lewin said the case is a first-degree murder with the special circumstance allegations that the crime was committed during an attempted robbery and attempted carjacking.
“No question about it,” Lewin said.
Judge Joseph R. Porras declared a mistrial in the first trial.
All sides had agreed that Solorio’s status as a police officer would not be disclosed to the jury because it was not an element of the crime. However, a witness briefly mentioned it during testimony and a jailhouse recording played for the jury referenced “off-duty”. The judge cited concerns that jurors may have figured out that Solorio was an officer.
The two other defendants in the shooting, Sanchez and Magallanes, didn’t go to trial.
Sanchez pleaded no contest to voluntary manslaughter and received 11 years. Magallanes pleaded no contest to voluntary manslaughter and unlawful firearm activity and was sentenced to 24 years and eight months.
Staff writer Nathaniel Percy contributed to this report