Jury hears closing arguments in Lazcano murder trial

COLFAX, WA - Closing arguments in Daniel's trial were delivered late Tuesday afternoon.

The State of Washington is accusing 21-year-old Daniel Lazcano, and his brother Frank of kidnapping, murdering, and improperly disposing the body of 23-year-old Marcus Schur in December 2011.

"This is a case about vigilantes," said Whitman County Prosecuting Attorney Denis Tracy.

It's known that at the time of the murder, the Lazcano brothers were angry with Shur because they believed he burglarized their friend's house and took two of Daniel's guns. The state said that witness testimonies prove that Daniel was angered enough to shoot Schur.

"He is so upset by the theft of these two long guns that he's weeping," said Tracy. "He's crying."

But in court Tuesday, Defense Attorney Eric Christianson said that Daniel refused to go with his brother, to the scene of the shooting.

"He's not so mad he cries," said Christianson. "He's such a pansy he cries."

Tuesday afternoon, Christianson assured the jury that Daniel isn't a murderer, he's just a scared kid that initially lied to officials, so he could protect his brother from the murder charges.

"How many of you have older or younger siblings?" said Christianson. "It's a tight bond."

But the state pointed to the testimony of one of Lazcano's close friends, who claims that Daniel told him the whole story.

"It was, Marcus came running out the back, I said, 'Stop, Marcus, stop.' I raised up, raising his arms, and I went, 'Bop, bop, bop," said Tracy.

One of the state's most crucial pieces of evidence is an A-K47 that they recovered after the murder. It was registered to Frank Lazcano.

"His brother, Frank, gave him this rifle, right after the burglary," said Tracy.

But the defense also pointed out Tuesday that there wasn't any shells recovered at the scene, and that the only eyewitness claimed that he saw Frank shoot Schur with a pistol.

"They just found a rifle in the crick, in the river, the Spokane River, and said, 'It must be it,' said Christianson.

The jury has yet to decide if they believe that Daniel encouraged his brother to help him track down the victim, and then shoot and kill him or if the state's evidence just isn't enough to convict Daniel of murder.

"You don't convict somebody of murder in the first degree based upon, 'Could've been,' and that's all they've got," said Christianson.

The jury was dismissed at around 5:30 Tuesday evening. They will continue their deliberation Wednesday morning at 9:00.