Jury convinced man tortured, killed his brother

Following six hours of deliberations, a jury Monday convicted an Eastlake man of first-degree murder and torture in the 2013 slaying of his younger brother, who was stabbed 38 times with a samurai sword and a barbecue fork.

With their verdict, the nine man, three woman jury rejected the self-defense claim of Alberto Gonzalez Figueroa Jr., 37, in the April 2, 2013, slaying of Mario Gonzalez Figueroa, 23, who died in the family’s condominium in the 2700 block of Lakeridge Circle in Chula Vista.

Chula Vista Superior Court Judge Theodore Weathers set the next court date for Feb. 23 when a sentencing date will be set. Figueroa faces a likely term of 25 years to life in state prison.

Figueroa told jurors Feb. 4 the fight between his brother and himself started after “a confrontation” in a hallway when “we collided” on his way to the bathroom. Figueroa said they exchanged words and minutes later, his brother attacked him with the sword and barbecue fork.

“He started screaming and cussing. I saw that thing coming towards me — that fork,” said Figueroa. “It hit me in the hand. I was scared. I was shocked.”

“We immediately hit the floor and started struggling. After I fell to the ground, I went blank. I don’t remember,” said Figueroa. “I got attacked, bottom line. I’m defending myself.”

“I was responding, fighting for my life, defending myself. I did poke at him with it (the sword), and with the barbecue fork,” said Figueroa.

On cross examination by Deputy District Attorney Ryan Karkenny, Figueroa acknowledged his only injuries were cut fingers when he and his brother fought over control of the sword.

“It was a life and death matter and I responded accordingly. He attacked me with those weapons,” said Figueroa.

Witnesses testified about Figueroa’s prior altercations with his brother, and the defendant conceded he was often drunk in the home, sometimes resulting in police visits. He claimed his younger brother was “a little enforcer” who looked around the condo to see if he had purchased alcohol.

His attorney, Solomon Rouston, asked jurors to acquit him of murder, but added that they could consider a guilty verdict of voluntary manslaughter if they believed his actions were unlawful. Karkenny asked for a guilty verdict of first-degree murder.

Jurors deliberated one and a half hours Friday and made their decision Monday when they discussed the case again. Testimony began Jan. 28.

Alberto Figueroa is also charged with assault upon an inmate with a homemade shank and possession of a weapon in jail, charges that could result in another trial. He remains in jail without bail.