By Brian Anderson
Contra Costa Newspapers

Jan. 31, 2003

OAKLAND —A jury considering the case of three men accused of killing a deputy sheriff outside a Dublin steakhouse wrapped up deliberations for the week on Thursday, leaving the panel split 11-1 after nine days of talks.

A lone member of the nine-woman, three-man jury has not been convinced that two of the three defendants charged with gunning down Deputy John Paul Monego on Dec. 11, 1998, should face the possibility of a death sentence.

Jurors had reached a decision on one defendant, whom many in the courtroom presumed was the actual shooter, only a few hours after getting the case Jan. 14. But the struggle appears to remain with the two other young men who were armed with pellet guns that night, yet face a first-degree murder charge under state law.

Reuben Eliceo Vasquez, 27; Miguel Galindo Sifuentes, 23; and Hai Minh Le, 24; are accused of killing Monego during a botched robbery at the Outback Steakhouse on Regional Street. Monego, 33, of Brentwood was shot to death as he investigated a 911 hang-up call that came from the restaurant.

Earlier this week, jurors asked to review transcripts of witness testimony from the trial. They focused Thursday on the words of David Holliman, a diner who was on his way to his car when robbers herded him back inside.

The jury must reach a unanimous decision on all three men before their conclusions can be disclosed. If they cannot come to a decision, Judge Alfred Delucchi would be forced to declare a mistrial, an action that would compel the prosecutor to decide whether the men should face another trial.

Deliberations will resume Monday morning.