San Marcos man guilty of killing brother

Vista  — A 46-year-old San Marcos man accused of fatally shooting his brother in the house their mother left to them when she died was convicted Thursday of first-degree murder.

Fermin Olano was charged in the death of Fernando Olano, who was shot five times at the house on Granite Avenue. The defendant, who was less than two years younger than the victim, served as his own attorney in the trial.

The jury deliberated about a day before the verdict was announced in Vista Superior Court.

Sheriff’s deputies were called to the Olano home the evening of Nov. 30, after Fermin Olano called 911 and said he shot his brother in his chest. Fernando Olano was found lying face down on a floor inside the home, with his hands tucked up under his chin. A folding knife was found in his pocket.

Fermin Olano argued that his brother threatened him with the knife that evening, causing the defendant to fire the gun in self-defense. He contended that the jury could conclude, based on the evidence, that the shooting was a justifiable homicide, and therefore acquit him of the murder charge. Or, he said, they could find that actions constituted imperfect self-defense, meaning he honestly believed he was danger was imminent in the moment, even if that belief was unreasonable.

The latter could have resulted in a manslaughter conviction.

But Deputy District Attorney Marnie Layon argued that the evidence was inconsistent with any theory of self-defense. She noted that three of the five shots that went into the victim’s backside, at least one of which cut through his spine.

Although it’s not clear how the victim was standing when he was shot, the position of the body — his head was pointed toward the front door of the house — indicated he was likely trying to get away from the shooter, Layon said.

The prosecutor also said the knife the defendant claimed his brother wielded that evening had none of the victim’s fingerprints or DNA on the handle. She argued to the jury that it was planted by the defendant.

“Mr. Olano stuck it in his brother’s pocket,” Layon said.

The prosecutor argued that Fermin Olano disliked his brother, who did not have a regular job and had a history of drug use. The defendant, by contrast, had been employed for 20 years at Callaway Golf in Carlsbad, and he considered himself a “fine religious person,” according to Layon.

“He wasn’t scared of his brother,” she told the jury. “He had disdain for him.”

In addition to first-degree murder, the panel found two allegations to be true: that Olano had personally used a firearm — in this case, a revolver — and caused great bodily injury or death to the victim. He faces a possible sentence of 50 years to life in prison.

Judge Sim von Kalinowski scheduled a sentencing hearing for Oct. 30.