Serrano Sentenced to 25 Years After Jury Sees Video Confession

 

The four-day trial of Mark Anthony Serrano came to an end at approximately 9:07 p.m. Thursday, when after 12 hours of testimony, evidence and deliberation the jury passed down a 25-year sentence.

The trial began on Monday and progress was slow, with many motions and requests stalling the process in what Judge Walther initially anticipated would be a two-day trial. Despite various efforts by defense council Shawntell McKillop to suppress audio and video interviews with her client from the jury, Thursday morning began with a damning video interview in which Serrano confessed to his crimes to Tom Green County Sheriff’s Investigators.

Crackled audio came over the speakers in the courtroom as jurors observed Serrano first deny the charge against him and later confess to his involvement in the crime.  

Breaks in the audio track and the low quality of the recording made understanding complete statements difficult, however clearly audible was Serrano’s admission to the crime and the roles of himself and others.

According to the Serrano’s account in the interview, the burglary took place on a Saturday with multiple individuals in two vehicles. One vehicle was a described as a black dually truck, the other as a red Tahoe Serrano admitted he was driving.

“We were in a car—in a Tahoe. We went to get a trailer, we take off that evening…Saturday…and we went over there…” the audio cuts out.

As he continued, Serrano could be heard describing the building and how the job was carried out. “Whatever they had by the door…” the sound cuts out again. “The doors were double-open, double wide…we took off…we locked the door…we put everything in a storage unit.”

With the audio cutting in and out, portions of Serrano’s confession could be heard, including a section that implicated he and the others had hit the warehouse at least twice in that night, however the total number of trips made and the span of time was not clarified in court.

“Later that night, I took him back over there,” Serrano told investigators. “Aaron (Wilde) would call and I’d drive up and everything would be by the door.”

Serrano alleged that the mastermind behind the heist was co-defendant Aaron Wilde, and throughout the interview repeatedly offered investigators information on Wilde’s whereabouts and on a storage unit used to house the stolen property.

At one point, Serrano drew a map of the area he’d been driving around that night, which corresponded to a testimony given by American British Antiques employee Anna D. Thomas, who stated she’d sighted the vehicle, followed it and suspected Serrano as the driver. Investigators then asked Serrano to make a similar map for the location of the storage units.

Preferring to use Google Maps where he could see a satellite view of the area, Serrano was handed a cell phone, but ultimately could not locate the exact building. Investigators then asked him if he could identify it if they drove him there, and after the interview ceased, drove Serrano around town.

Despite having confessed to his involvement in the crime and shown detectives three locations where stolen furniture was indeed found, Serrano maintained that he is innocent in court Thursday when McKillop called him to the stand.

Sticking to the story he had first given officers in the interview, Serrano claimed to have purchased the furniture from Aaron Wilde, unaware that the items were stolen. When he was taken to the Sheriff’s office for an interview, he said, he was under the impression he’d be speaking to an attorney. He further stated that he had not understood the officers when they read him his Miranda Rights.

When prosecuting attorney John Best began his cross-examination of Serrano Thursday afternoon, Serrano became non-responsive on questions regarding his video confession and the details of the crime.

He stated that he’d learned the details from Wilde, and repeatedly responded with variants of  “I can’t remember” and “I don’t recall” when asked specific questions pertaining to the interview. Even when Best read statements back verbatim that were heard in the court and in the defendant’s presence only hours previous, Serrano said he ‘couldn’t recall’ having said those things.

Asked if he’d lied to police when he confessed, Serrano shut down, then countered. “They lied to me,” he said. “They told me things, too. I told them what they wanted to hear to get my bond lowered.”

By 3:40 p.m., both sides had rested their case and the court prepared the charge. Serrano was charged with theft over $20k but less than $100k, however the jury was also provided the option of a lesser charge of theft over $1,500 but less than $20k.

In her closing arguments, McKillop asserted that the state had only proven that Serrano was in possession of stolen property, and the value of the property recovered was approximately $17k. Serrano, she said, was caught in possession of roughly $9k worth of furniture, less than the highest charge.

When Best approached the jury to make his argument, he reminded them that the charge includes all of the property stolen—estimated at roughly $30k worth—and not just that which was recovered.

At approximately 6:00 p.m., the jury returned a guilty verdict of theft over $20k but less than $100k, a third-degree felony which carries a penalty of two to 10 years confinement and an optional fine not to exceed $10k. Due to his two prior felony convictions, Serrano’s charge was enhanced to habitual, which altered the range to 25-99 years and an optional fine not to exceed $10k.

As part of the punishment phase, McKillop called Serrano’s parents to the witness stand as character witnesses. Fighting back a stream of tears, Sulema Serrano faced the jury and spoke of her only son. She stated that Mark had been trying to do well for himself and helps her with anything she needs.

When asked what she’d like the jury to do in their chambers, Ms. Serrano said: “I’m not a young person. I’m 69. I’m not going to be here for long. What does that tell you? I want to see my son again.”

Before her testimony, Ms. Serrano said: "I cannot understand that people that go out and murder somebody get less time. Pedophiles, pedophiles get less time. Murderers get less time. That's what I don't understand--how our judicial system works."

Serrano’s father also asked for leniency and testified to his character, and after a few brief minutes, the jury retired to their chambers. At 9:07 p.m. the jury re-emerged, returning a verdict of 25 years.

As he removed his jacket, belt and tie so the bailiffs could put him in handcuffs, Serrano paused, weeping and clutching a dog tag necklace he wore around his neck. He stood silently for nearly a minute before passing the necklace off to a female friend, Chris Ramirez, who also stood in tears.

On the way out, Ramirez leaned in and whispered, “Just for the record, he’s a recovering alcoholic. He’s not an alcoholic.”

For more on the Trend Furniture Trial, click here.

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jdgt, Fri, 06/20/2014 - 08:25
The dude's guilty... but 25 years? The property wasn't destroyed - it was stolen.... and partially recovered. What is 25 years going to do for him? What's it going to do for us?!
This is the risk you run when you do stupid things. Verdict is good for the community, keeps him from escalating his criminal behavior to breaking into your house and then you having to shoot him as an intruder. The verdict saved you legal fees.
The D.A. cited 4 DWI arrests Mark had and the fact that he was also on probation for robbery. Those were determining factors along with the value and amount of merchandise he took. The enhancement to the 2nd degree felony due to the priors carried a minimum of 25 years. In the event that he beat this case, the D.A. could've still indicted him on organized crime and burglary. The court's hands were pretty much tied in this one and Mark was looking at some major time either way.

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