Jury finds Daniel Lazcano guilty of murder

SPOKANE - Two years and four trials after 23-year-old Marcus Schur was shot to death outside a Malden home, the man who pulled the trigger was finally held accountable.

After barely two hours of deliberations Wednesday, a Spokane County jury found Daniel Lazcano guilty of first-degree murder for the Dec. 27, 2011, shooting.

Two earlier trials in Whitman County ended with hung juries. The third trial was moved to Spokane County because of concerns the extensive media coverage made it impossible to find an unbiased jury pool.

Lazcano, 22, was in the courtroom with his fiancee when the verdict was read. Both began sobbing as the jury was polled.

Marcus Schur's mother, Grace, was also in the courtroom. She whispered a quick "thank you" to the jury before leaving.

Lazcano was immediately taken into custody. He kissed and hugged his fiancee and their little girl before being led away in handcuffs. The toddler was just old enough to say "Da Da."

Lazcano will be held in the Whitman County Jail pending his Jan. 31 sentencing.

His brother, Frank Lazcano, was found guilty of first-degree murder in a separate trial earlier this year. He was sentenced to 25 years in prison, but that case is under appeal.

Whitman County Prosecutor Denis Tracy spent a sleepless night Tuesday thinking of things he should have said during his closing arguments, but the jury ultimately left him without regrets. Given the option of finding Daniel Lazcano guilty of first- or second-degree murder or first- or second-degree manslaughter, it quickly settled on the most serious charge.

"I'm happy Daniel Lazcano is being held accountable for what he did," Tracy said after the verdict. "I'm grateful to the jurors, who spent three weeks with us and weighed all the evidence."

First-degree murder includes either premeditated murder or the killing of someone during commission of a burglary.

During his closing argument Tuesday, Tracy took special care to show jurors how those requirements were met. He referred to testimony that showed the Lazcanos went to Malden to confront Schur over the theft of some of their possessions a few weeks earlier. When Frank Lazcano burst through the front door of the house, he said, Schur ran out the back. Instead of turning to the right, up the alleyway, he made the fatal mistake of turning left, toward the area where Daniel Lazcano was waiting.

In an interview prior to Wednesday's verdict, Tracy noted that Frank Lazcano testified in his own trial that Daniel Lazcano shot Schur with an AK-47 rifle.

Tracy also noted that, as part of a plea agreement earlier this year, Daniel Lazcano signed a written statement admitting that he shot Schur.

That plea deal would have reduced the murder charge to second-degree manslaughter. It was rejected by Whitman County Superior Court Judge David Frazier. Daniel Lazcano's written statement wasn't admissible in his third trial, and although Frank Lazcano was called to testify, he refused to answer any questions.

Defense attorney Eric Christianson presented a spirited defense the past few weeks, undermining the credibility of the state's forensic pathologist and other witnesses and highlighting inconsistencies in some of their statements.

He cast Daniel Lazcano as a gentle bookworm, the salutatorian of his high school class - someone who'd just met the love of his life and who wanted nothing to do with the confrontation with Schur.

"Three-quarters of the people the state brought in here are better candidates for this shooting than Daniel," Christianson said during his closing argument.

He urged jurors to give Lazcano back to his family, saying if even a single piece of the state's case failed to make sense it amounted to reasonable doubt. But they refused to go there.

"I don't understand how they did this," he said after the verdict. "Just put me down as heart-broken."

Now that the trial is over, Tracy said several related cases will move to a conclusion.

Travis Carlon of Pine City, one of Lazcano's mentors, is facing a felony charge of rendering criminal assistance for allegedly advising the Lazcano brothers to dispose of Schur's body and for tossing the AK-47 into the Spokane River the night of the murder. He's expected to plead guilty, Tracy said.

Eli Lindsey, another mentor and Lazcano's former stepfather, is expected to plead guilty to a gross misdemeanor version of the same charge, Tracy said, for allegedly helping Carlon dispose of the murder weapon.

Ben Evensen, a close friend who testified about some of the incriminating statements Lazcano made, is facing a burglary charge for allegedly breaking into a Rosalia liquor store. He's also expected to plead guilty.

All three could receive consideration on their sentences for agreeing to testify in Lazcano's trial.

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Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.