Blount’s fate with jury now

A Compton man accused of murdering a Costa Mesa man in a 2006 drive-by shooting would be the unluckiest man in the history of bad luck if he were actually innocent, prosecutors sarcastically told jurors Tuesday.

Circumstantial evidence and witness accounts pointing to Joshua Blount as the man who shot and killed Israel Maciel in August 2006 are so overwhelming that his innocence would defy the odds, prosecutors said.

Deputy Dist. Atty. Matt Murphy is so confident in his case that he told jurors testimony from Anthony Dispensa, who is accused of participating in the shooting and who supports the prosecution’s case, is only a luxury.

Anthony Dispensa is accused of being an accomplice to the drive-by shooting and told jurors he saw Blount shoot Maciel and four of his friends.

“Mr. Dispensa is more than icing on the cake. He’s sprinkles. The cake is already made,” Murphy told jurors during closing arguments. “When you put it all together ladies and gentleman, [Blount] is a ruthless killer.”

Maciel was shot in the back and bled to death, a Orange County Sheriff’s pathologist testified.

The bullet punctured Maciel’s lung and his aorta.

Attorneys in the trial made their closing arguments to jurors Tuesday.

Blount, 24, is accused of killing Maciel in a drive-by shooting and wounding his four friends in an alley in the 1300 block of Baker Street on Aug. 2, 2006.

Prosecutors say Blount, who splits time between Tustin and Compton homes, shot Maciel and his friends after one of them insulted Blount’s female friend earlier in the day.

Tension developed between Blount’s friends and Maciel’s friends because of a fight the day before, Murphy said.

Defense attorney Barry Bernstein did his best to punch holes in the prosecution’s case, pointing out the victims never testified any of them had disrespected Blount’s girlfriend.

Only Dispensa, who Bernstein claims is the real shooter, gave Blount a motive in court.

“Mr. Dispensa is so suspect they say feel free to disregard his testimony,” Bernstein said. “If you do that, Josh Blount doesn’t have a motive. He has no reason to be involved in this [shooting].”

Murphy urged jurors to piece the evidence together and create a whole picture, one that puts the gun in Blount’s hands. Bernstein dissected each piece and argued none of the circumstantial evidence is enough to convict Blount.

Prosecutors never found the 9 mm Glock handgun used in the shooting and were only able to link Blount to it through indirect evidence.

The same gun used in the Maciel slaying was also used in a shooting in Santa Ana in 2005 when someone fired 15 times at a home, an Orange County Sheriff’s forensic expert testified.

Blount is a suspect in that case because it occurred on the anniversary of a fight there where Blount and his friends were beat up, Murphy said.

When police searched Blount’s homes in 2006, they found gun-cleaning kits, 9 mm Glock ammo and a 9 mm Glock manual.

Cellphone records indicate Blount’s phone was used from Costa Mesa to Tustin and back to Costa Mesa, mirroring Blount’s movements before the shooting as Dispensa testified, Murphy said.

“It’s exactly what you would expect if Dispensa was telling the truth,” Murphy said. “How do you get around this? Using common sense, how do you get around this?”

Bernstein continued to play up Dispensa’s role in the case. He said witnesses’ descriptions after the shooting pointed to a heavy-set, light-skinned, Latino male with a shaved head, mustache and goatee.

Dispensa fits that description far more than Blount did, Bernstein told jurors.

“We’ve heard of the South Beach diet. This is the fleeing felon diet. You bet [Blount] lost weight,” Murphy rebutted.

Dispensa is using Blount as a fall-guy for his killing, Bernstein alleged. Dispensa testified he hoped for “consideration” from prosecutors in exchange for testifying in this trial.

Dispensa is charged as an accessory to murder for the shooting.

“This [case] is screaming out for justice. It’s a whodunit ladies and gentleman. And that’s who did it,” Murphy said, pointing to Blount.

“Now folks, I’m going to ask you. Please, please take care of business on this one. You should hold that man accountable for what he did.”

Blount is charged with one count of first-degree murder and four counts of attempted murder.

Prosecutors are seeking life in prison without the possibility of parole.

Jury deliberations began today.

JOSEPH SERNA may be reached at (714) 966-4619 or at [email protected].