By TERRI VERMEULEN KEITH
LOS ANGELES – Jury deliberations resume today in the trial of the man charged with killing rapper Nipsey Hussle and injuring two other men in the parking lot of the Marathon Clothing store.
What hangs in the balance is whether the jury believes this was a cold murder or in the heat of the moment.
Holder, 32, is charged with murder for the March 31, 2019, killing of the 33-year-old rapper, whose real name was Ermias Joseph Asghedom.
The defendant is also charged with two counts of attempted murder and assault with a firearm involving two other people who were injured, along with one count of possession of a firearm by a felon. The charges include allegations that he personally and intentionally discharged a handgun and that he personally inflicted great bodily injury.
The defense attorney said his client had “no cooling-off period” after being “called publicly a snitch by someone as famous as Nipsey Hussle” nine minutes and 10 seconds earlier.
“This is a provocation that stirs up rage and powerful emotions,” Jansen said.
Holder’s attorney also contended that the case has “been overcharged from the beginning,” and that the correct charge against Holder involving the rapper’s slaying should be voluntary manslaughter — an option Superior Court Judge H. Clay Jacke told jurors earlier they could consider.
Deputy District Attorney John McKinney called the killing “cold- blooded” and “calculated,” saying Holder had “quite a bit of time for premeditation and deliberation” before returning to the parking lot near Slauson Avenue and Crenshaw Boulevard where the rapper was shot 10 to 11 times.
“He’s not consumed by rage,” the prosecutor said, saying the defense’s argument that he had been provoked was “nonsense.”
Hussle was a “successful artist from the same neighborhood as Eric Holder, who’s an unsuccessful artist,” the prosecutor said.
“I submit to you that the motive for killing Nipsey Hussle had little to do with the conversation they had. … There’s pre-existing jealousy,” McKinney said, prompting a quick objection from the defense attorney.
“Saying, `You’re through,’ before shooting him and shooting him a number of times … kicking him in the head, that’s personal … What makes this murder first-degree is premeditation and deliberation,” the prosecutor said.
McKinney told the panel Hussle joined a gang as a youngster, changed over time and “wanted to change the neighborhood,” but remained accessible without an entourage, security or fanfare while standing outside his business when he was shot by somebody with whom he had shaken hands just minutes before on “just another beautiful Sunday afternoon in Los Angeles.”
The deputy district attorney said the attempted murder charges were a “closer question,” but said he believed that jurors would ultimately conclude that they were “not mere accidental shootings.”
“You can’t bring Nipsey back … But you can do justice. Please do justice,” McKinney told the panel shortly before the case was handed over to the jury.
Holder’s attorney said there was “no hatred” and “no jealousy towards Nipsey Hussle” over his successful music career, telling jurors the allegation of snitching was a “serious” accusation made in public by someone of the rapper’s stature and that Hussle didn’t provide his client with any details when questioned.
The defense attorney also said his client — who was “just living his life in Long Beach” and wasn’t in a gang any longer — had been overcharged with attempted murder involving the two other men who were injured in the gunfire, saying that “he had no reason to kill these other two individuals.”
Jurors heard eight days of testimony during the trial, which was delayed for a day Tuesday following what Holder’s attorney said was an attack on Holder in jail.
Jansen told reporters outside court Wednesday that his client lost consciousness after being attacked Tuesday morning in a jail holding cell with other inmates while waiting to be taken to court. He subsequently underwent an MRI and required three staples to the back of his head, also suffering a swollen left eye and swelling on the left side of his face, according to the attorney.
The jury was shown autopsy photos during the testimony of a medical examiner who said Hussle suffered 11 gunshot wounds from his head to one of his feet.
Dr. Lawrence Nguyen — who reviewed the results of the autopsy done by another medical examiner who is unavailable to testify — told jurors that he concluded the cause of the rapper’s death was “multiple gunshot wounds.”
“I believe the number of shots to be within the realm of 10 to 11,” Nguyen told the downtown Los Angeles jury hearing the case.
One of the rapper’s wounds — caused by a bullet that entered through the rapper’s right abdomen — severed his spinal cord and would likely have caused paralysis in the lower extremities if he had survived the shooting, the medical examiner testified.
During the defense’s portion of the case, private investigator Robert Freeman told jurors that being called a snitch could put a gang member at risk of being beaten or killed. He noted that it would be more dangerous for an accusation about snitching to be made against someone in public where others could hear it and that something said by someone with a high status within a gang is “almost gold” on the streets.
Freeman, a former Los Angeles police officer who acknowledged being terminated from the force while he was still on probation, also told jurors that the firing of two guns — one in each hand that Holder allegedly wielded during the shooting — would lessen the accuracy of the shots. He noted that a two-handed grip on a gun is the best way to shoot with accuracy.
Holder was not called to testify in his own defense.