Man who shot and killed Surrey roommate loses appeal

Lester Oseguera denied a new trial in the 2010 murder of José Luna.

José Luna (above) was shot and killed by Lester Oseguera in Surrey in 2010. Oseguera lost an appeal of his convictions and will not get a new trial.

A man who shot his Surrey housemate to death in the summer of 2010 has lost an appeal of his convictions and will not get a new trial.

Lester Ovidio Buezo Oseguera had appealed his second-degree murder convictions and three weapons offences in connection with the death of 28-year old José Hector Luna Morales (José Luna) in a home they shared near 112 Avenue and 138 Street.

Oseguera, now 32, was found guilty in 2012 of shooting Luna to death, as well as shooting at another woman and police. He received a mandatory life sentence, with no eligibility for parole for 13 years.

During the jury trial, the Crown said Oseguera’s actions stemmed from a controlling and abusive relationship with his common-law spouse, who, with their infant son, had left him.

Oseguera pleaded guilty to manslaughter, admitting that he shot Luna and shot at another woman and police. But he argued he didn’t have the required intent for second-degree murder because he was high on cocaine drug use that re-emerged when the mother of his son left the country with the child. His defence lawyers said Oseguera was on a month-long cocaine binge prior to the fatal shooting.

Oseguera appealed all four charges on the grounds the judge permitted inadmissible evidence of his bad character to go before the jury, and that his actions following Luna’s shooting when he fled the scene had no bearing on whether he intended to murder his roommate.

While the Appeal Court agreed the trial judge erred in allowing prejudicial evidence of bad character to go to the jury, there was still no “substantial wrong or miscarriage of justice.

In a written decision Monday (Sept. 15), B.C. Court of Appeal Justice Kathryn Neilson said Oseguera’s own admissions showed he had a clear recollection of events of the night Luna was killed that were “inconsistent with a level of intoxication sufficient to render him unable to form the required intent for the offences.

As well, she said, witnesses who dealt with Oseguera before and after the shootings did not report signs of cocaine intoxication.

“There would be no benefit in setting aside the appellant’s convictions and ordering a new trial as there is no realistic possibility that this would produce a different result,” wrote Neilson, with Justices Ian Donald and David Harris in agreement.

Luna, originally from El Salvador, had only lived in Surrey for about a year-and-a-half before he was killed. He had moved here on a work visa and was a house painter.


Surrey North Delta Leader

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Claiming she has COVID-19, stranger coughs in Cloverdale woman’s face

Clayton Heights woman will now self-isolate for the next two weeks

Police watchdog finds cops blameless for deaths in 2019 Surrey hostage-taking

Woman was killed as ERT officers fired on man holding a knife to her throat and ‘what appeared to be’ a gun in his hand

No, Delta police are not pulling over cars to check for social distancing

DPD dispelling rumour cops pulling over vehicles with two or more people, checking IDs, issuing fines

White Rock/South Surrey experts launch website of mental-health resources

Together White Rock/South Surrey aims to help ease the search for supports

B.C. couple celebrates 61st anniversary through seniors’ home window

Frank and Rena Phillips marked occasion at Nanaimo Seniors Village this week while social distancing

A look at some of the B.C. inventors creating life-saving tools in fight against COVID-19

Groups across B.C. are working together to create what they hope will help people affected by the pandemic

Association launches French-language games, online tools for families learning at home

Games, culture and vocabulary included in new virtual resources

‘There can be no ambiguity’: Travellers brought home to B.C. must self-isolate

Health Minister Adrian Dix said the mandatory isolation must be abided by

55+ BC Games cancelled amid COVID-19 concerns

Greater Victoria set to host 2021 event

BC Hydro offers three-month bill ‘holiday’ for those affected by COVID-19

Industrial customers can defer half of their power bills

VIDEO: Dog missing in Lower Mainland since winter sees his family again for the first time

Aldergrove helped find Buster, says dad, who has now witnessed ‘the power of social media’

Some April Fool’s Day jokes bring much-needed laughter; others tone deaf to COVID-19

Police are warning the public not to use the ongoing pandemic as a punchline

Canada’s 75% wage subsidy is coming, but not for several weeks: finance minister

Subsidy will cost Canada $71 billion, but push down cost of emergency benefit, Morneau said

Most Read