Testimony is underway in the penalty phase of the Jason Banegas murder case.
The 22-year-old pleaded guilty in October to shooting and killing Hollywood police officer Yandy Chirino in 2021.
Now, a jury will decide whether Banegas spends life in prison or should be sentenced to death.
Jurors see chilling surveillance footage
On Tuesday, the jury saw surveillance video capturing the desperate seconds in real time as a severely wounded Officer Chirino was pulled from a cruiser and rushed into Memorial Regional Hospital.
“I saw they were tussling. Then I saw the barrel of a gun,” Detective Manuel Rodriguez-Blevins, the first to testify, described what he saw the night Officer Chirino was killed.
Officer was responding to car break-ins
Chirino was responding to a report of someone trying to break into cars.
When Rodriguez-Blevins arrived to back him up, he said he saw Chirino struggling with Banegas.
Chirino was shot twice in the face, according to prosecutors.
“I could tell he was shot. I was still dealing with the defendant. I ended up in a physical confrontation,” Rodriguez-Blevins said.
He told the jury he had to stop life-saving measures on Chirino twice while trying to restrain Banegas.
Emotional impact statement from fellow officer
Henry Martinez, another officer who helped transport Chirino to the hospital, tearfully read an impact statement.
“He’s godfather to my son. It took away his hopes and plans that will never happen,” Martinez said, wiping away tears.
Banegas claims officer was aggressive
After the shooting, while being interrogated, Banegas said he had been with a friend whose car broke down and accused Chirino of being aggressive.
In the interrogation tape played for the jury, Banegas said:
“He grabbed me, and I said I didn’t do anything.”
Defense arguments still to come
Banegas’ defense lawyers are saving their arguments for another day. But the prosecutor gave a preview of what they will say to try to save his life.
“Age of the defendant. He was almost 19. Brain analysis. Those are things we expect you to hear,” Assistant State Attorney Christine Bradley said.
Florida law currently requires a simple majority of jurors — 8-4 — to impose the death penalty.
