Developing: Jury Now Deciding Kirchner Sentence
After more testimony from 10 witnesses, the prosecution and defense wrapped up the punishment phase in the trial of Poki Roni Ranch owner Travis Kirchner on Thursday morning.
Closing arguments in the sentencing portion began about 11 a.m.
The jury of eight women and four men was sent into the jury room to begin their deliberations about a half an hour later.
Kirchner, 58, was convicted Wednesday of murdering his mother, Patricia, 81, by carbon monoxide poisoning. The victim’s body was found in the garage of her home in September 2008.
The jury took just 30 minutes to reach its guilty verdict on Wednesday.
Kirchner faces five to 99 years in prison for the killing, which he claimed was part of a mother-son suicide pact.
According to court documents, the defendant would be eligible for parole after serving half of the sentence imposed or after serving 30 years, whichever is less. He could also get time shaved off his sentence for good behavior.
During Thursday’s closing statements, prosecutor Rick Locke called Kirchner a “frightening and unpredictable guy.”
Locke then told jurors, “Keep him (in prison) as long as you can, because when he gets out, he’s gonna be pissed.”
Defense attorney Dolph Quijano instructed the jury to simply “do what’s right” during his final remarks.
Quijano told jurors that the prosecution’s pointed words toward Kirchner were there to make them angry.
“That’s what they’re paid to do, to advance their agenda,” he said. “Don’t let that sway you.”
Punishment phase testimony began Wednesday afternoon and carried into Thursday morning.
The prosecution called nine witnesses to the stand. Most of them were neighbors of the Poki Roni ranch and their relatives.
Poki Roni found itself on the losing end on a pair of lawsuits filed against it by neighbors. One lawsuit involved wild peacocks on the property; the other was over the use of Bowers Avenue, an access road to the ranch and neighbors’ homes.
On Wednesday, Richard Gingery, who lived on ‘Bowers Road’ and was brother-in-law to the victim, told jurors he believed Kirchner poisoned one of his trees, though he admitted he didn’t personally see it happen.
Gingery was a party in the lawsuit involving the peacocks.
During cross-examination, he admitted he once hit Kirchner on the arm.
Thursday morning, prosecutors called Jane Brennand, a friend of the Gingerys, to the stand.
Brennand testified she used to house-sit for the Gingerys and would “keep an eye” on their property.
She told jurors that on one occasion, she wanted to see an old mission home at Poki Roni.
Brennand said as she and a friend drove onto the ranch road, Kirchner came running toward their car, pointed at Brennand, and put his hands to his neck in a choking manner.
“Like he was going to strangle me,” she told the court.
Quijano pointed out that Brennand was trespassing on private property.
When it was the defense’s turn to call witnesses, they only called one: Mary Perales.
Her son, Del Valle High School football coach Jesse Perales, lives on Bowers Avenue.
Perales testified that at an Easter cookout at her son’s home, Kirchner offered to give the children a hayride around the neighborhood.
The witness told jurors that during the ride, neighbors came out of their homes and confronted Kirchner.
?There was a mob of people snapping pictures and saying curse words,” Perales said. “It was like an ambush.”
The state then asked Perales if she called the police following the incident. She told the court that she didn’t.
The trial has seen a lot of tension and a lot of objections from the attorneys on both sides.
When an argument erupted Thursday morning between Quijano and Assistant District Attorney Kevin Schultz, Judge Mary Anne Bramblett yelled, “Whoa!”
“Let?s not make personal attacks on either side,” the judge told the men in a raised voice. “We?re almost through here; you all just need to settle down!?
ABC-7’s Daniel Marin is at the courthouse for the punishment phase. Follow his minute-by-minute tweets @_Daniel Marin. You can also get updates on @abc7breaking.