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Man who shot at two people who broke into his home acted reasonably, prosecutor says

Closing arguments began this morning in the trial against Jesse Bakerriley, who is accused of murder by provocation in connection with a 2009 shooting, with the prosecutor saying that the defendant created a sense of fear and hopelessness in his victims.

Deputy District Attorney Eric Dobroth argued Bakerriley should have foreseen that Peter Davis, the tenant of the Los Osos apartment that Bakerriley allegedly broke into, would have reacted with lethal force.

Dobroth said that because Bakerriley pointed a gun at Davis and his friend, Dylan Bauman, and threatened them for about 10 to 15 minutes after barging into Davis' home, Davis reacted reasonably by grabbing a gun he had in the home and firing shots.

One of the shots struck and killed Kelsey Alvarez, who Dobroth said was Bakerriley's "lookout man" in the alleged robbery. Three shots struck and wounded Bakerriley.

Defense attorney Tom McCormick will begin his arguments this afternoon. McCormick said in opening statements that Davis blatantly hunted down Alvarez and murdered him — an argument that Dobroth rejected, saying no evidence was presented to show that.

The trial resumes at 1:30 p.m. in Judge Barry LaBarbera's court.

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