![]() Meza’s defense called for a mistrial in the October trial. In a response this month, Sturdivant called his actions “appropriate.” In one case, Sturdivant appeared to argue Meza withheld information from investigators, which the defendant has the right to do. Specifically, Leary referred to several instances when, he claimed, prosecutors commented on Meza’s exercise of his Fifth Amendment right to remain silent, misstated the burden of proof and appealed to the “passions of the jury.” The attorney argued that Sturdivant, the deputy prosecutor, fell short, claiming his actions deprived Meza of a fair trial. “Jurors are naturally inclined to hold them in high regard and as such, their conduct must be beyond reproach.” Prosecutors “are not simply advocates their statements, arguments and actions must be marked by fairness and a commitment to the protection of a defendant’s constitutional rights,” Leary wrote. In court filings last month, Meza’s defense attorney, Timothy Leary, pushed for a new trial, alleging prosecutorial misconduct. He told police the first shot was an accident. Within seconds, Meza racked the slide of his pistol and fired a shot into Peterson’s stomach. The security footage showed it was the hand of Peterson’s friend reaching in. The defendant felt a hand on his waist where he kept his gun. Peterson grabbed the other man’s hood, blocking Meza’s vision. That footage was shown to jurors many times throughout the trial.Ī fight ensued in the aisle. Peterson punched him in the face, surveillance video showed. Meza testified this conversation went “not as planned.” He also claimed Peterson threatened to put him “to sleep.” Peterson did not threaten to use a weapon, Meza said in a police interview after the shooting. ![]() According to the defendant’s trial testimony, it started when Meza confronted Peterson about smoking drugs on the bus. On the bus, Meza got into a fight with Peterson, of Everett, who was riding with a friend. He couldn’t drive because he had seizures. The defendant was going to work in Mukilteo on March 7 last year. Meza was charged with second-degree murder for killing Peterson on a Community Transit bus. ![]()
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