Jason Banegas never had a real chance at life, his lawyer said Monday. He deserves a real chance to live. Even if it’s behind bars.
Banegas, 23, pleaded guilty two months ago to the murder of Yandy Chirino, 28, a Hollywood Police officer who responded on Oct. 18, 2021, to reports that someone was breaking into cars in the Emerald Hills neighborhood. A jury is now deciding whether to recommend the death penalty.
“He had a life ahead of him,” Broward prosecutor Stephen Zaccor said of Chirino, reminding jurors that the murder of a law enforcement officer qualifies under the law as a justification for the death penalty. Chirino had no way of knowing that his career, in which he put his life on the line every day, would cost him everything when he caught up with Banegas, who was 18 at the time.
Banegas had a gun, and the two struggled over it, according to a statement the defendant gave police early in the case. Chirino was shot in the face.
“The defendant did understand right from wrong, and he did understand the consequences of his actions,” Zaccor said. “Mitigation neither excuses nor justifies the murder. And I didn’t even tell you that; the defense team told you that.”
Supporters of both men filled Broward Circuit Judge Ernest Kollra’s courtroom Monday to listen to closing arguments in the penalty phase of Banegas’ trial. By pleading guilty, Banegas abandoned any defense hinging on a justifiable homicide, including classifying the shooting as an accident. He took responsibility for causing Chirino’s death and he will die in prison for it, said his lawyer, Lien Lafargue.
And that, she said, should be punishment enough. “Must we kill Jason Banegas? Is that the only option that you have?” she said, later answering, “I say no. What say you?”
Lafargue’s closing argument made no effort to shy away from emotion. She reminded jurors of the testimony they heard last week from psychological experts, friends and family of the defendant, who all said Banegas suffered a traumatic childhood that left him ill-equipped to face the real world.
Banegas was born to a father who was a drug dealer and a mother who was a user who sometimes resorted to prostitution. He and his sister were left alone for days at a time with nothing to eat.
Lafargue’s voice cracked repeatedly as she pleaded with the jury to show mercy, not only because Banegas deserved it, but because it serves the interest of justice.
Under Florida law, at least eight of the 12 jurors who heard the case must recommend a death sentence in order to authorize a death sentence. The jury must first find, unanimously, that the aggravating factors cited by the prosecution were proved beyond a reasonable doubt and that they outweigh the mitigators offered by the defense.
The jury began deliberating Monday afternoon.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457.
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