Before Friday morning’s closing arguments, Riano’s defense team argued for Butler County Judge Michael Oster to allow the jury to consider voluntary manslaughter in addition to murder. Oster ruled, however, there was insufficient evidence in a video that showed the defendant shoot the 25-year-old Benjamin Becarra on Long Street, outside the Round House Bar in December 2004. The defense objected to that ruling.
Butler County Assistant Prosecutor Brad Burress told the jury during closing arguments that the victim was “executed” less than an hour after Riano purchased ammunition for the firearm used in Becarra’s killing.
Credit: Michael D. Pitman
Credit: Michael D. Pitman
A minute before Becarra was shot, he told his cousin, “he’s got a gun, he’s going to kill me,” Burress said, quoting the witness.
“Talk about foreshadowing,” Burress told the jury. “A human being was shot in the head. He was shot in cold blood by this defendant.”
Defense attorney Kara Blackney said they’ve never denied that her client shot Becarra, but it was because the younger man terrorized him.
“He was not there to show up for a fight,” Blackney said.
Riano as trying to end the terrorism allegedly led by Becarra. She said the police never helped him, and decided to face Becarra.
Assistant Prosecutor Michael Hon, who is part of the prosecution team, said Blackney was right, that Riano wasn’t looking for a fight, but rather to carry out “vigilante justice.” Hon said the people around shown in the video are scared of Riano, using his “El Diablo” nickname multiple times.
“They outnumbered him,” Hon said. “If they are terrorizing him, why not jump him, beat the crap out of him. It’s because he’s ‘El Diablo.’ They’re scared of him.”
On Dec. 19, 2004, Riano, then 42 years old, shot Becarra in the head with a .38 Smith & Wesson following an argument on Long Street. The defense said it was self-defense, claiming he and his family were terrorized by Becarra, who at the time of the shooting had a blood-alcohol level three times the limit and tested positive for cocaine. The prosecution, however, said the killing was a ruthless murder committed by a man known as “El Diablo.”
The agreed-upon facts show the two men were at the Round House Bar, which sits on the corner of East Avenue and Long Street. Riano was inside when Becarra walked through a door off Long Street. An argument ensued, which had continued outside the bar.
The prosecution said Riano fired a shot into the ground and eventually walked away from the argument, before turning back. More words were exchanged. A bystander tried to separate the men, but Riano extended his arm and shot Becarra in the face.
Riano fled back to Mexico via New Jersey around the time he was indicted on the murder charge in February 2005. He left his wife and children behind, and was found working as a police officer in his hometown. He was extradited to the United States with the help of the U.S. Marshals Office and other authorities on Aug. 1.
After closing arguments, the jury began deliberations. The jury’s verdict was expected to be made after the Journal-News deadline. For the latest information, visit Journal-News.com.
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