Local News

EAST PALO ALTO (BCN) ― Jurors in San Mateo County convicted 26-year-old Alberto Alvarez of first-degree murder Wednesday for fatally shooting East Palo Alto police Officer Richard May in January 2006.

"We are relieved and overwhelmed," May's wife, Diana May, said in the district attorney's office after the verdict was read in court.

The jury took just under six hours to reach a verdict after beginning deliberations Tuesday.

May's family members cried quietly as the court clerk read the verdict. Jurors found Alvarez guilty of first degree-murder with the special circumstance of killing a peace officer, making him eligible for the death penalty.

Prosecuting attorney Steve Wagstaffe said the verdict was "swift" and reached unusually quickly for a murder trial.

He said that the jury, comprised of six men and six women, asked to see 17 pages of transcript from Alvarez's testimony about the shooting, which occurred the afternoon of Jan. 7, 2006.

May had responded to a fight involving Alvarez at the Villa Taqueria in East Palo Alto about 4:30 p.m. that day. Alvarez and May exchanged gunfire during a confrontation that followed a foot pursuit. Alvarez suffered one bullet wound to the leg, and May died at the scene.

Less than 30 minutes after the jurors received the transcript of Alvarez's testimony, they announced a verdict had been reached, Wagstaffe said.

"The whole issue was, is it murder or self defense?" he said.

Wagstaffe had called the death an "execution," and said that Alvarez shot May twice, then fired two more rounds to "finish him off" after he was on the ground.

Defense attorneys Charles Robinson and Eric Liberman argued that May shot Alvarez first, and that Alvarez fired back out of fear for his life.

"I don't think we'll ever really know what happened out there," Diana May said. "We really feel that Rich knew his job."

Wagstaffe called the case "black-and-white."

"I am extremely pleased that the jurors could see through the defense's lies," Wagstaffe said.

The verdict came just before the start of the holiday weekend.

"We certainly have a good Thanksgiving ahead of us," said May's sister, Tami McMillan.

May's daughter, Lauren May, now 13, said she is happy with the conviction.

"We've been waiting four years for this," she said.

The family said they have never received an apology from Alvarez.

May's partner, Shante Williams, now an officer in the San Francisco Police Department, said he wishes Alvarez would acknowledge to them what happened.

"I hope he wakes up one day and says, 'I owe this family an apology,'" Williams said.

"He hasn't shown any remorse," Diana May said. "He had the chance," she added, referring to his testimony in the trial.

"I don't think he realizes what he's done," Lauren May said.

The penalty phase of the trial, in which the same jury will decide whether to recommend death for Alvarez, begins Dec. 7 and could last several weeks. During that phase, family members from both sides will be allowed to address the court.

At minimum, Alvarez will be sentenced to life in prison without the possibility of parole, Wagstaffe said.

"He will spend the remainder of his life in prison," Wagstaffe said.

Liberman said today he was disappointed with the outcome but that he knew it was a difficult case.

"I frankly didn't know what to expect," he said. "We have no choice but to honor and respect (the jury's) decision."

He said that Alvarez, who showed no emotion in court as the verdict was read, is likely "shaken up."

"I'm sure...he's wondering what the future's going to hold," Liberman said. "His family is very upset. They're praying that the jury will not vote for the death penalty."

Alvarez has been in custody without bail since his arrest the day after he killed May.

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