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Man sentenced to death for “49th Street Massacre”


A man who took part in a 2006 triple murder dubbed the”49th StreetMassacre” that left a 10-year-old boy and his uncle dead in South Los Angeles was sentenced to death Friday, March23.

Ryan T. Moore, 38, was convicted in April last year forthe June 30,

2006, slayings of 10-year-old David Marcial, the boy’s22-year-old uncle, Larry Marcial, and a 17-year-old neighbor, Luis Cervantes.

Jurors also convicted Moore of the attempted murder of DavidMarcial’s 12-year-old brother, Sergio Jr., along with conspiracy to commitmurder.

The six-man, six-woman panel also found true the specialcircumstance allegations of multiple murders and murder to further theactivities of a criminal street gang, making him eligible for the deathsentence.

It was the third time a jury heard the case against Moore. The first

jury deadlocked 7-5 in favor of convicting Moore, while the second panel voted 10-2 infavor of guilt.

Co-defendant Charles Ray Smith, now 43, was convicted inMay 2010 of the slayings, along with the March 2006 shooting death of anotherman, Bani Hinojosa, in South Los Angeles.

Smith is awaiting a retrial in which a jury will be askedto recommend

the death penalty or life behind bars.

In Moore’strial, Deputy District Attorney Bobby Grace told jurors that

ballistics evidence showed two gunmen with AK-47 assaultrifles opened fire in broad daylight, with Larry Marcial being killed as he ranto try to save his 10-year-old nephew.

“This was an enormous display of cowardness andbrazenness,” the

prosecutor said in his closing argument. “Therewouldn’t have been dead bodies on that sidewalk, but for this (gang) war thatwas going on” in South Los Angeles.

Authorities said the two men were looking to retaliateagainst rival

gang members for the shooting death of a fellow gang member,but the victims were not gang members or associates.

“He was out killing children … We know where hewas,” the deputy

district attorney said of Moore’s whereabouts that day.

Defense attorney Richard A. La Pan countered that Moore was not involved inthe slayings.

“Mr. Moore has introduced an alibi,” he toldjurors. “He’s introduced

evidence that he wasn’t there.”

Moore’slawyer questioned the credibility of key prosecution

witnesses and accused the government’s star witness of lyingabout Moore’salleged involvement, saying his client became the “sacrificial lamb.”