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Lakeside Man Convicted In Slaying Of Realtor

POSTED: 5:41 pm PDT September 9, 2008
UPDATED: 5:43 pm PDT September 9, 2008

A Lakeside man who shot his real estate agent twice in the head during an argument over a condominium deal was convicted Tuesday of second-degree murder, but a possible conflict involving suppressed evidence may force a new trial, a lawyer said.

After two days of deliberations, a jury found Michael Ray Jennison guilty of murdering 64-year-old James Magot on Feb. 1, 2007. The jury also found true a sentence-enhancing allegation that Jennison personally discharged a firearm to cause the victim's death.

But jurors were ordered back to court tomorrow, after it came to light that they had been given a newspaper article involving a judge's ruling regarding evidence that was to be kept out of the trial, said defense attorney Brian White.

After talking with jurors, White said he will ask Judge Allan Preckel for a new trial.

According to testimony, Jennison shot Magot after the two argued about the sale of a condominium on Wintergardens Boulevard that the 38-year-old defendant inherited from his grandmother.

A neighbor, James O'Kane, witnessed the shooting. He said Jennison wanted to sell the condo to a neighbor, while Magot wanted to buy it for himself.

O'Kane testified that Jennison physically assaulted Magot, and the two ended up on the floor, with Magot on top of Jennison. When Magot let Jennison go, the defendant got a gun and shot the victim, according to O'Kane.

Deputy District Attorney Kristian Trocha called Magot's killing a "cold, calculated murder."

But defense attorney Brian White said Jennison was distraught over his grandmother's death and shot the victim without thinking.

White urged the jury to convict his client of manslaughter. The attorney said Jennison had been abused most of his life and had developed a paranoid personality disorder.

A psychologist testified that Jennison was raised by his grandparents since the age of 12. She said they belittled him and never let him out of their house.

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