A Fresno County jury began what’s expected to be a two-week murder trial on Tuesday as jurors decide the fate of Shane Shahan.
The 36-year-old is charged with murder, accused of killing Jesse Espino in a crash at First and McKinley in Central Fresno in January 2023. Much of it, including Shahan fleeing the scene, is captured on video.
“The defendant did something that he knew was dangerous and could cause the death of another person, and he did it anyway,” prosecutor Steven Ueltzen said.
Ueltzen alleges Shahan had a suspended license, and he says Shahan knew the dangers of his actions following two previous convictions for alcohol-related driving crimes.
“You will hear it,” Ueltzen told the jury. “You will hear the recording from the court proceedings where the defendant was advised by the judge, a person sitting in the same seat as you see the judge today … that he could be charged with murder if he continued to make the decision.”
Shahan has pleaded not guilty to all charges. However, defense attorney and Action News Legal Analyst Tony Capozzi admitted to the jury that his client did, in fact, flee and did not have a valid license.
Capozzi argued that the murder charge should not stick.
“‘…You can be charged with murder,” Capozzi said of Shahan’s previous advisement in court. “It doesn’t say, ‘You are guilty of murder,'” Capozzi said. “‘You can be charged with murder.'”
Jurors will view videos of the crash and hear evidence that the traffic light was red, that Shahan was driving 80 miles per hour in a 45-mile-per-hour zone, and that, according to Capozzi, the victim’s vehicle was also speeding.
“Mr. Shahan was able to slow to 56 miles per hour before he was hit,” Capozzi said. “He was hit on the driver’s side of the car by the 2004 Hyundai.”
The trial resumes on Wednesday. A murder conviction brings a possible life sentence.
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