KATZ BEATING CASE IN JURY'S HANDSWINDSOR YOUTHS COULD FACE 12 YEARS IN PRISON

The prosecutor urged jurors to convict Windsor gang members Jose Madrid and

Tom Galvan Jr. of attempted murder Tuesday because they nearly stomped Dylan

Katz to death on a Windsor street in May.

Defense lawyers conceded the teen-agers were criminally responsible for the

17-year-old Windsor boy's head injuries and coma, but argued the case is one

of felony assault and not an attempt to kill.

Superior Court Judge John Gallagher told jurors they had only three

possible guilty verdicts for the actual beating: attempted murder, assault

with a deadly weapon and assault with force likely to produce great bodily

injury.

The judge late Tuesday afternoon gave the case to the jury, which begins

deliberating today.

If jurors convict Madrid and Galvan of attempted murder and find that the

beating was the act of a criminal street gang, the defendants, in spite of

their ages, will face a maximum of 12 years in prison.

Madrid, 18, and Galvan, 16, were both considered juveniles when the

incident occurred, but are being tried in an adult court because they were

declared unfit for Juvenile Court treatment.

They are accused of confronting Katz, who was walking on Starr Road about

11 p.m. on May 2, and beating and stomping him on the head because he was

wearing a red sweat shirt, their alleged gang color.

The defendants, who are cousins, also are charged with robbery for

allegedly stripping the sweat shirt from the boy and taking it with them when

they fled in a car and left Katz unconscious on the street.

Defense lawyers argued that the prosecution's case left ''reasonable

doubt'' that their clients had formed the ''specific intent'' to kill.

Deputy District Attorney David Dunn said the stomping that severely damaged

Katz's brain and left him in a death-like coma for several weeks is evidence

of an attempt to kill.

''He would have died except for the neighbors,'' Dunn said.

A doctor testified Katz, who was in a coma for about 11 weeks, would have

died within minutes had neighbors not found him lying on the street

immediately and got him medical help.

Lamar Peckham, Galvan's lawyer, argued Galvan and Madrid assaulted Katz,

but that Galvan backed off when a friend, Jessica Roe, yelled at him to stop

and tugged on his sleeve.

''There was no attempt of a killing by Tom Galvan,'' Peckham said. ''Galvan

stopped. He did not intend to kill.''

Dunn also pointed to evidence that both the defendants participated in the

assault, then ran off and hid.

Joe Stogner, Madrid's lawyer, argued his client suffers from a brain

dysfunction and a psychological condition stemming from an abusive childhood,

preventing him from forming a specific intent to kill.

Stogner said it takes a ''fairly profound decision'' to kill for a red

shirt, as the prosecution contends happened, and under the circumstances of

this case ''that doesn't seem reasonable.''

''You must find him not guilty of attempted murder if you find it

reasonable he did not have the intent to kill,'' Stogner said.

Stogner contended Madrid on that night released ''frustrations'' that had

been pent up for years after visiting his murdered mother's grave and

realizing the girl he had a crush on was getting romantically involved with

Galvan.

The defendants also are accused of personally inflicting great bodily

injury resulting in a coma, which will make them ineligible for probation if

convicted of the allegation.