By Brian Anderson
Contra Costa Newspapers

Feb. 27, 2003

OAKLAND —Jurors today will begin their first full session discussing the fate of a Modesto man facing a possible death sentence for killing an Alameda County deputy sheriff during a deadly Dublin steakhouse robbery.

After a day of closing arguments and testimony from a single witness, the nine-woman, three-man panel returned to the jury room for only about 15 minutes Wednesday afternoon before leaving for the day.

They have been asked to decide whether Reuben Eliceo Vasquez, 28, should be executed or spend the rest of his life in prison for the Dec. 11, 1998, Outback Steakhouse heist that led to the death of Deputy John Paul Monego, 33, of Brentwood.

Prosecutor Jon Goodfellow told jurors during a 90-minute penalty phase closing argument that Vasquez killed an innocent man who was safeguarding the community when he responded to an emergency call that night. Vasquez made a choice, he said, and that decision snuffed out the life of a law officer.

"Ultimately, because of his greed," Goodfellow said, "he deprived John Monego of life, he deprived Tammy Monego of a husband and he deprived Dominic of a father."

Tammy Monego, who has been a constant presence in the courtroom since the trial began last year, has declined to comment on the case.

Showing gruesome autopsy photos, Goodfellow urged jurors not to forget the true victim. He said Vasquez consciously fired the fatal shots and should be held accountable for the crime.

"He's earned the right to die," Goodfellow said. "Don't show him the mercy that he refused to give to Officer Monego."

But defense attorney William Cole told jurors Wednesday that his client panicked when he spotted Monego come through the steakhouse doors. He, along with Miguel Galindo Sifuentes, 23, and Hai Minh Le, 24, had already taken one deputy hostage as well as about 25 restaurant employees and customers.

Vasquez, Sifuentes and Le, both of Turlock, were convicted of first-degree murder earlier this month. Sifuentes and Le were not held to face a possible death sentence. They likely will receive terms of at least 25 years in prison when sentenced later this year.

"There are so many things that didn't have to happen," Cole said in a 60-minute closing argument. "I don't think that we as a society need to execute this young man. I don't think justice demands it. I don't think the facts demand it."

Cole worked to persuade jurors that a life sentence is not equivalent to letting Vasquez off the hook. He would be forced to live in a bathroom-size cell for decades with the state's worst residents. Never would he have any real hope of getting out, Cole said.

"Living in prison will give you a lot of time to think about what you have done," he said.

Outside court Wednesday, Vasquez's cousin, Glenda Rojas, 31, said she and the rest of her family sympathize with Monego's loved ones. But she said they are left with no other option than to pray for a life sentence.

"It will be a night where we get no sleep," she said outside the courtroom. "It's been too long. We just want this to be over."