The prosecution is expected to rest Monday in the trial of a Banning man accused of fatally shooting an unarmed nightclub patron during a scuffle before he was shot and wounded by a police officer.
Demario Anton Jackson, 26, could face 50 years to life in prison if convicted in the July 16, 2011, slaying of 46-year-old Andy Albarran. He is charged with first-degree murder along with sentence-enhancing gun and great bodily injury allegations and remains in custody at the Robert Presley Jail in Riverside in lieu of $1 million bail.
Beaumont police Officer Brent Conan testified last week that he witnessed Jackson shoot Albarran at point-blank range, from less than five feet away.
Jackson and Albarran were among several hundred people who went to see a live show at Celebrities Restaurant and Cocktail Lounge in the 500 block of Beaumont Avenue in Beaumont on the night of the shooting.
Conan testified that he went alone to the location anticipating he would spot drunken drivers leaving the club. The officer said his attention was soon directed to a physical confrontation involving several men in the adjacent Wells Fargo bank parking lot.
"I heard what sounded like a high-pitched pop and thought it might be a firecracker or gunshot," the officer testified. "I couldn't tell where it came from. I drew my firearm and continued toward the crowd and saw an older Hispanic man and a younger black man fighting."
According to Conan, he witnessed Jackson fire a bullet into Albarran, striking the victim in the upper body.
"That's when I fired my gun at the shooter," Conan testified.
The officer said Jackson stumbled and collapsed onto the ground and Albarran, struck in a lung and a shoulder, staggered backward, stepped off the curb and fell face-down onto the pavement.
The victim's teenage son, who had been trying to break up the fight between his father and Jackson, dove onto the pavement next to his father, screaming for an ambulance, according to Conan.
Jackson was shot in the leg and upper body. He underwent surgery and made a full recovery.
According to testimony, both the defendant and the officer were armed with .45-caliber handguns. Albarran had no weapon on him.
Brandon said the reason for the altercation has never been determined. The defense maintains the shooting was an act of self-defense.