How a video camera outside Food Zombie convinced jury of man’s guilt in fatal stabbing

A Fresno man on Tuesday was found guilty of stabbing an unarmed man to death outside the Food Zombie convenience store in southeast Fresno in May this year.

Jurors deliberated about six hours before convicting Deon Walker, 47, of second-murder in the slaying of 27-year-old Daniel Patrick Apodaca Jr. on May 4.

During the trial, Walker testified that he got into a physical altercation with Apodaca, but did not stab him. Two men who also got into an altercation with Apodaca both testified that they didn’t see Walker with a knife and didn’t see the victim get stabbed.

A video of the altercation, however, convinced jurors that Walker was guilty, said Fresno defense lawyer Richard Esquivel, who represented Walker.

The video from the surveillance camera doesn’t show the actual stabbing, Esquivel said. But Esquivel said jurors told him after the verdict that they played the video in slow motion in the jury deliberations room and changed the contrast. Once they did that, they could see Walker making stabbing motions, Esquivel said.

“I never saw it (stabbing motions),” Esquivel said. “Apparently it was enough to find him guilty.”

Walker will be sentenced on Nov. 30 in Judge Timothy Kams’ courtroom. Because he has prior convictions for robbery, burglary and identity theft, he faces at least 30 years in prison.

During the trial, Walker testified that he didn’t know Apodaca when he rode his bicycle to the Food Zombie store at Belmont Avenue and First Street. He said he was minding his own business when Apodaca began to pick a fight with him.

“What’s up OG?” Apodaca said, according to Walker.

Walker said he tried to ignore Apodaca, but couldn’t because Apodaca began hassling a homeless woman. He testified it appeared to him that Apodaca was drunk.

Walker said he got into a fistfight with Apodaca when the victim tried to grab Walker’s bicycle. Once the fighting stopped, Walker said, Apodaca got into an altercation with two other men.

Walker testified that he thought “this guy is crazy” because he challenged him and the two other men to a fight at the same time.

Walker said he never saw anyone pull out a knife. Once the fighting stopped, Walker said he and the two other men left. “I had no reason or motive to harm him,” he told the jury.

A few days later, police arrested Walker. Police confiscated his utility knife.

During the trial, prosecutor Ryan Wells said the coroner testified that victim’s fatal wounds were similar to wounds from a utility knife. Walker, however, testified that utility knives are commonly used and that he used the knife to do landscaping and gardening.

Esquivel said the knife was tested, but the victim’s blood was not found on it. “Sheriff’s deputies carry the same type of utility knife,” Esquivel said after the verdict.

According to Esquivel, jurors told him the knife was not a key issue during deliberations. “It all came down to the video,” he said.