Jury finds man guilty in co-worker's murder

TAMPA -- Surprising both the prosecution and the defense, a Hillsborough jury on Tuesday returned a verdict of second-degree murder in a case involving a victim shot at least five times.

Prosecutor Art McNeil argued the Oct. 24, 2001, murder of 29-year-old Michel Montesino was premeditated first-degree murder, pointing to the number of gunshots and the close range at which they occurred. The victim had bullet wounds in the skull, brain and neck.

The prosecutor said Vladimir Mesa, 40, gunned downed Montesino on Badger Drive after an argument about missing produce. The men were co-workers in a delivery company.

While a witness identified Mesa as the shooter, court-appointed defense attorney Rick Terrana said the witness account was inconsistent on important details and couldn't be believed.

In his closing argument Tuesday, the prosecutor said it was not just coincidence that Montesino had been murdered on a day he had argued with Mesa. Nor was it coincidence, he said, that Mesa picked the day of the murder to leave the state without picking up his paycheck.

"Why is he in such a hurry to get out of town?" McNeil said.

Missing for four months, Mesa was arrested in January 2002 trying to return to the United States through Texas from Mexico.

If convicted of first-degree murder, Mesa would have faced an automatic life sentence. With the second-degree conviction, he will now face between 25 years to life in prison when Circuit Judge Chet Tharpe sentences him April 23.

The 12-person jury took about 35 minutes to return the second-degree murder verdict, which does not require a finding of premeditation.

Jurors approached by the Times declined to comment.

Defense attorney Terrana called the verdict "strange" but "a bittersweet victory," and added, "From a legal standpoint, it will be interesting on appeal."

"I thought it was going to be all or nothing," said the prosecutor, meaning the jury would find Mesa guilty of first-degree murder or acquit him.

Juan Montes, 39, the victim's father-in-law, said, "It wasn't what we hoped for, but it's better than to see (Mesa) walk away."

The victim was a Cuban immigrant who left behind a wife and a son who is now 3 years old. He was murdered "over a box of produce," Montes said angrily. At the sentencing hearing, he added, the killer will see the boy he left fatherless.

"He'll look at that baby, and know what he did," Montes said.

-- Christopher Goffard can be reached at 813-226-3337 or goffard@sptimes.com

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