By Rafael Olmeda
South Florida Sun-Sentinel
HOLLYWOOD, Fla. — Jason Banegas never had a real chance at life, his lawyer said Monday. He deserves a real chance to live. Even if it’s behind bars.
A Broward jury agreed, rejecting the state’s request to sentence Banegas, 23, to death for the murder of Yandy Chirino, 28, a Hollywood Police officer who responded on Oct. 18, 2021, to reports that someone was breaking into cars in the Emerald Hills neighborhood. The jury took less than two hours to reach its decision.
“He had a life ahead of him,” Broward prosecutor Stephen Zaccor said of Chirino, reminding jurors that the murder of a law enforcement officer qualifies under the law as a justification for the death penalty. Chirino had no way of knowing that his career, in which he put his life on the line every day, would cost him everything when he caught up with Banegas, who was 18 at the time.
Banegas had a gun, and the two struggled over it, according to a statement the defendant gave police early in the case. Chirino was shot in the face.
“The defendant did understand right from wrong, and he did understand the consequences of his actions,” Zaccor said. “Mitigation neither excuses nor justifies the murder. And I didn’t even tell you that; the defense team told you that.”
The jury agreed that the state proved beyond a reasonable doubt the victim was a law enforcement officer, but it rejected other arguments in favor of death. They did not agree that Banegas was in the middle of committing a violent crime or that the murder was especially heinous, atrocious and cruel.
Supporters of both men filled Broward Circuit Judge Ernest Kollra’s courtroom Monday to listen to closing arguments in the penalty phase of Banegas’ trial. By pleading guilty, Banegas abandoned any defense hinging on a justifiable homicide, including classifying the shooting as an accident. He took responsibility for causing Chirino’s death and he will die in prison for it, said his lawyer, Lien Lafargue.
And that, she said, should be punishment enough. “Must we kill Jason Banegas? Is that the only option that you have?” she said, later answering, “I say no. What say you?”
The jury agreed that the mitigating factors outweighed the arguments in favor of death.
Lafargue’s closing argument made no effort to shy away from emotion. She reminded jurors of the testimony they heard last week from psychological experts, friends and family of the defendant, who all said Banegas suffered a traumatic childhood that left him ill-equipped to face the real world.
Banegas was born to a father who was a drug dealer and a mother who was a user who sometimes resorted to prostitution. He and his sister were left alone for days at a time with nothing to eat.
Lafargue’s voice cracked repeatedly as she pleaded with the jury to show mercy, not only because Banegas deserved it, but because it serves the interest of justice.
Hollywood Police Chief Jeff Devlin condemned the verdict in a statement Monday night.
“Officers have and always will hold the line between order and chaos in our society, and when one of us is murdered, it’s my belief that that individual should face the maximum penalty allowed by law, which is the death penalty,” Devlin said. “Although the verdict did not reflect that outcome, this murderer will spend the rest of his life behind bars without any possibility of parole.”
Under Florida law, at least eight of the 12 jurors who heard the case must recommend a death sentence in order to authorize a death sentence. The reading of the verdict did not disclose the breakdown of how many voted in favor of death and how many voted in favor of life.
Judge Kollra set a sentencing date for February. Under Florida law, a life sentence is mandatory.
Staff writer Angie DiMichele contributed to this report.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457.
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