Prosecutor Assails Barton Testimony; Jury Deliberates

The prosecution attacked the credibility of accused killer Howard Barton and his daughter, Andrea Barton, on Friday, summing up its version of the case by focusing on what a prosecutor said were inconsistencies in statements made by the Bartons to police and the jury.

Deputy Dist. Atty. Lisa Chappell told the Superior Court jury that will decide Howard Barton’s fate that both father and daughter had a reason to change their stories when the case came to trial.

The prosecution asked jurors to convict Barton of second-degree murder, while the defense asked for an acquittal on grounds of self-defense. The jury, which began deliberations Friday, can convict Barton of first-degree murder, second-degree murder, voluntary manslaughter or involuntary manslaughter, or acquit him.

Howard Barton, a realtor and resident of La Jolla, is charged with shooting to death Marco Sanchez, who lived in National City, on Feb. 22, 1990. Sanchez, 24, had been involved in a traffic dispute with Barton’s daughter, Andrea Barton, 21, in Pacific Beach. After the incident, she drove to her father’s realty office, and the two of them went looking for Sanchez.

During the trial, jurors were shown two police videotapes of separate interviews with Howard and Andrea Barton. Some statements made by the Bartons to police clashed sharply with the testimony they gave in court.

On Friday, Chappell used two charts, listing what she said were 15 inconsistent statements made by Andrea Barton to police and the jury, and 11 contradictory comments made by Howard Barton to the same groups.

“She (Andrea Barton) set out to relieve her father of responsibility for this thing. . . . I’m sure she feels very guilty about putting her father in this position,” Chappell said.

In the police videotape shown to the jury, Andrea Barton blamed herself for the shooting. She told police that Sanchez, 24, frightened her as he followed her on Garnet Avenue, where the dispute began when the woman’s car stalled at Ingraham Street.

She was so disturbed by Sanchez’s actions that she rolled up the window on the passenger side of her car, Andrea Barton told the jury. However, she had told police that the window was already rolled up.

She also testified that Sanchez was yelling at her when he spit on the right passenger window of her car. However, witnesses testified that Sanchez never talked to Andrea Barton at that point.

Andrea Barton testified that she did not retaliate when Sanchez drove her off the street. However, one witness testified that he saw her drive up behind Sanchez and maneuver sharply in front of Sanchez’s car, forcing him to brake in order to avoid a collision.

“Ask yourselves, ‘Are these people (the Bartons) who have a reason to change the story?’ ” Chappell told the jury.

The defense strategy in the case was to portray Howard and Andrea Barton as victims. Defense attorney Milt Silverman argued that Howard Barton acted in self-defense after Sanchez allegedly threatened him with a knife.

Several witnesses testified that Sanchez was unarmed and twice walked away from confrontations with Howard Barton. Sanchez managed to get inside his vehicle, and witnesses said he appeared to be fumbling with his keys moments before he was shot. Some witnesses testified that Sanchez appeared to be sliding across the front seat, trying to open the passenger door, when Barton shot him once in the back.

The fact that Sanchez was shot while he had his back turned to Barton proved that he was not a threat to his assailant, Chappell said.

Howard Barton testified that he never intended to shoot Sanchez. He said he was frightened by a sudden move by Sanchez, and the gun discharged accidentally.

“Yeah, he (Sanchez) made a sudden movement. It was out the (passenger) door,” Chappell said.

The prosecutor also said that Barton lied when he said the gun discharged accidentally. Chappell produced Barton’s military records showing that he qualified as an expert and marksman with different weapons during his stint in the Marine Corps.

She also pointed out to the jury that Barton owned more than a dozen weapons, in an attempt to show that he is familiar with handguns.

In addition, Chappell said that the trigger pull on Barton’s gun was measured at 7 pounds, 1 ounce. Several gun shop owners told The Times that a 7 pound, 1 ounce trigger pull is standard for most handguns.

“The chances of that gun going off accidentally are slim and none,” Chappell said.

In her summation, Chappell portrayed Barton as an aggressive person with a hot temper. When Sanchez twice attempted to walk away from an angry Barton, “it just fueled Barton’s anger,” Chappell said. Barton was “a big bully with a gun” when he “tracked down Sanchez,” she added.

“The bottom line is that he shot a man in the back, and now he doesn’t want responsibility for that,” Chappell said.