Prosecutor uses toy gun in Chavez trial closing arguments

Posted at: 07/12/2013 12:01 PM
Updated at: 07/12/2013 12:41 PM
By: Nikki Ibarra and Elizabeth Reed, KOB Eyewitness News 4

Assistant District Attorney Bryan McKay used a toy gun in his closing arguments.
Assistant District Attorney Bryan McKay used a toy gun in his closing arguments.

Closing arguments began Friday in the month-long murder trial of former Albuquerque police officer Levi Chavez.

The morning started with the judge telling the jury rules for their deliberation. The judge made it clear—in order to make a verdict, the entire jury must agree.

The state went first with their closing arguments. Assistant District Attorney Bryan McKay got up, holding a toy gun, and talked about what prosecutors believe happened before and after Tera Chavez's death.

McKay told the jury to “sort out what makes sense” as he walked them through what happened that night.

McKay said Chavez came home and found his wife sick and asleep in bed. He then argued Chavez shoved the glock into Tera’s mouth and shot her.

But McKay also demonstrated what would have happened if Tera had committed suicide:

"She gets up to go get the gun, plugs the phone and goes back to the bed and lays down, and then, instead of this (McKay holds gun upright), she takes it like this (McKay holds gun upside down), or more likely, if it’s truly upside down, and shoves it all the way to the back of her mouth," he said.

McKay said that position would have been uncomfortable and that it's something someone else had to have done.

Emotions ran high when a picture of Tera's dead body came on a monitor. A family member immediately ran out of the courtroom, crying.

A photo of the Chavez children also caused the entire Cordova family to become emotional. McKay went on to say Chavez never thought about the kids, but only about himself.

The defense started their closing arguments about an hour ago. Chavez's attorney, David Serna, began by explaining how terrible it would be for an innocent man to be punished. He said that's why the state has such a high burden of proof in this case.

Serna continued that he would have made Chavez plead guilty if he was on trial for being "self-centered," but that this is a murder trial.

He told the jury Tera was a desperate woman who killed herself, making Chavez innocent.

The trial is ongoing. Follow KOB Eyewitness News 4 team coverage of the Chavez trial by following @JosephLeeLynch and @KOBChrisRamirez on Twitter, as well as watching the trial streaming live on