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APARTMENT MANAGER CONVICTED IN FATAL SHOOTING.


Byline: Mary Beth Alexander Daily News Staff Writer

A jury Friday convicted a North Hollywood apartment manager of second-degree murder Friday in the fatal shooting of an auto burglary suspect he confronted outside the complex.

Daniel Bernard Daniel Bernard (1941–2004) was a French diplomat. He came to public attention in 2001 when, as French Ambassador to the United Kingdom, he was quoted as referring to Israel as a "shitty little country.  McDonald also was found guilty of shooting into an occupied vehicle in the Dec. 7 death of Henry Lemus and could face 25 years to life in prison for the crimes.

``I vigorously dispute the law was served today, but justice definitely was not,'' McDonald's attorney, Brian Smith Brian Smith is the name of:
  • Brian Smith (photographer), Pulitzer Prize-winning sports and celebrity photographer from Miami Beach, Florida.
  • Brian Smith (ice hockey), a former ice hockey player and Canadian sportscaster.
 said. ``I've been a trial attorney for 18 years, and out of all of the cases, this is one that should never have . . . gone to trial.''

The verdicts were announced just before noon, a day after deliberations began. The jurors also found that McDonald used a gun to commit the crimes, a special circumstance that could affect the length of his sentence.

Sentencing has been scheduled for Oct. 11. Smith said he will file motions for a new trial at that time. If his requests are denied, Smith said he will appeal the verdict.

Deputy District Attorney Richard Walmark was not available for comment after the case, a spokeswoman for the department said.

McDonald, who had been allowed to remain under house arrest because of health problems, was taken into custody Friday, in front of his wife, son and sister, who attended the trial, Smith said.

Smith said his client suffers from a painful stomach ailment ail·ment
n.
A physical or mental disorder, especially a mild illness.
 and that jail life would only worsen wors·en  
tr. & intr.v. wors·ened, wors·en·ing, wors·ens
To make or become worse.


worsen
Verb

to make or become worse

worsening adjn
 his condition.

``He is in constant pain,'' Smith said. ``It's a big concern.''

McDonald was convicted of shooting Lemus in the back after a confrontation in the 10600 block of Moorpark Street. According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 trial testimony, McDonald and his son, Mark, caught Lemus and another man breaking into a car on the street and scuffled with them.

Mark McDonald was wounded when one of the men stabbed him with a screwdriver screwdriver,
n See instrument, screwdriver.
. The elder McDonald gave chase and fired several rounds from his Glock 9 mm semiautomatic handgun.

Lemus was struck once in the back. His companion, Pablo Burgos, was not injured in·jure  
tr.v. in·jured, in·jur·ing, in·jures
1. To cause physical harm to; hurt.

2. To cause damage to; impair.

3.
. Burgos was later arrested and charged with attempted auto theft and auto burglary.

The 45-year-old apartment manager, who did not testify in the trial, has maintained he was acting in self-defense (Law) in protection of self, - it being permitted in law to a party on whom a grave wrong is attempted to resist the wrong, even at the peril of the life of the assailiant.
- Wharton.

See also: Self-defense
. Mark McDonald testified that he and his father were fired upon first by some unknown person.

Police found no other bullet casings or weapons.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Sep 21, 1996
Words:404
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