SAN DIEGO — A man who fatally shot his ex-girlfriend's fiance, a Cathedral Catholic High School teacher, in North Park was convicted Monday of first-degree murder.
Jesse Milton Alvarez, 33, was found guilty by a San Diego jury following about a day of deliberations for fatally shooting Mario Fierro on Feb. 1, 2021.
Fierro, 37, was shot six times outside his Kansas Street home, including four gunshots to the head, as he was preparing to go to work that morning.
Along with murder, jurors also found true a special circumstance allegation of lying in wait, meaning Alvarez faces life in prison without the possibility of parole when he is sentenced May 10.
Prosecutors said Alvarez killed Fierro after discovering Fierro had gotten engaged to Amy Gembara, another CCHS teacher who Alvarez had dated for several years.
Defense attorneys argued the shooting was committed in self-defense after Fierro attacked Alvarez and threatened to kill him.
The prosecution's case centered on Alvarez's fixation with Gembara that lasted well beyond their 2019 break-up, as well as a digital trail of evidence that suggested Alvarez spent weeks researching how to kill Fierro.
Deputy District Attorney Ramona McCarthy said that upon discovering a social media post announcing Fierro and Gembara's engagement, Alvarez began methodically plotting Fierro's death.
Describing Alvarez as "jealous, obsessive, and possessive," the prosecutor said Alvarez stalked Gembara after their break-up, prompting her to change addresses and unsuccessfully seek a restraining order against him.
Six weeks after her engagement to Fierro was announced, Alvarez killed him.
"His ex was in love. But it wasn't with him. It was with Mr. Fierro, and that it why he is not alive today," McCarthy told jurors in her opening statement.
Within a day of viewing the engagement post, Alvarez had tracked down Fierro's home address, searched whether he could hire a hitman, as well as "how to shoot someone at their home address," according to his internet search history.
A flurry of additional internet searches conducted over the next six weeks covered topics ranging from where best to shoot someone on their body to ensure death, how to commit a murder without leaving forensic evidence, and "how to kill your ex's fiance."
Alvarez took the stand during the trial and admitted that he was obsessed with Gembara and hurt by the news of her engagement. He testified that while he fantasized about killing Fierro, the searches were conducted more as a therapeutic exercise that allowed him to vent his emotions and he had no serious intention of hurting Fierro.
McCarthy told jurors to reject any notion that the searches were "fantasy."
"His intent is crystal clear," the prosecutor said.
McCarthy argued Alvarez planned to kill Fierro on Feb. 1 because he knew that was the first day on-campus instruction was resuming at Cathedral Catholic High School amid the pandemic. She argued Alvarez anticipated Fierro would leave his home that morning and waited for nearly an hour until Fierro emerged, then shot him in surprise fashion as Fierro was loading the trunk of his car, with his back turned to his killer.
But Alvarez testified that he was inspired by a Bible verse and spontaneously decided that morning to speak to Fierro, something he believed would help him move on from his fixation with Gembara.
Alvarez's defense attorneys argued during the trial that Alvarez also wanted to speak with Fierro on Feb. 1 because of a picture posted on social media in which Fierro and Gembara were seen having alcoholic drinks. Alvarez testified that Gembara had issues with drinking in the past and said the picture had "a triggering effect" on him because he believed Fierro was taking advantage of Gembara's vulnerabilities.
When he arrived outside Fierro's home, he testified that he approached Fierro and introduced himself and Fierro "snapped" and attacked him.
After Fierro started punching him, Alvarez alleged he pulled out his gun and begged Fierro to stop, but Fierro tried to grab the pistol. The men grappled over the gun and fearing for his safety, Alvarez ultimately shot Fierro, he testified.
Defense attorney Peter Blair did not dispute that Alvarez was obsessed with Gembara and conceded that his behavior surrounding Gembara was troubling.
But Blair told jurors that Gembara surely shared her concerns with Fierro and argued those troubling incidents likely spurred Fierro to attack Alvarez on Feb. 1.
While Blair argued that Alvarez's behavior leaned more toward "offensive, insulting, and immature," than actually dangerous, he said what mattered was Gembara believed Alvarez was dangerous and communicated that to Fierro.
McCarthy argued there was no truth to that idea that Alvarez was concerned about Gembara when it came to alcohol. She said that during the time Alvarez was conducting online research into how to kill Fierro, he sent Gembara multiple love letters, none of which detailed any concerns about drinking.
She also argued that his actions made it clear that he went to Fierro's home to carry out a murder, citing the fact that he drove to Fierro's home in his brother's car, while leaving his cell phone at home.
"Every bit of evidence proves the defendant went there to murder him," McCarthy said.
Legal analyst weighed in
CBS 8 spoke to legal analyst Gretchen von Helms about the case. She is not associated with the trial, but has been a criminal defense attorney for several years.
She said Alvarez had no choice but to take the witness stand because it would be difficult to prove self-defense without his testimony.
She said those online searches may be what the jury is struggling with.
"[Those searches], according to the prosecutor, had malice aforethought. Meaning they were premeditating in how to best kill a person," said von Helms.
The jury has several options. It could convict Alvarez of first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, or manslaughter, or it could acquit him.
Alvarez admitted to shooting Fierro six times, including in the back, in the arm, and four times in the head — two in the front and two in the back.
Prosecutors said Alvarez was angry because Fierro was engaged to Alvarez's ex-girlfriend.
Alvarez's defense attorneys argue, no matter what he was searching online, it doesn't prove murder. They said a witness saw the two men fighting when they heard gunshots. They also argued injuries to Fierro's knees indicate there was a struggle.
Stay with cbs8.com for the latest updates.
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