A jury of six women, six men deliberated for only about an hour Thursday morning before finding Dylan Lovato guilty of first-degree murder.
Lovato, now 25, was convicted in the death of Ivan Almanza, 23, who was shot in the head three times while he slept in the bed of Lovato’s ex-girlfriend during the early morning hours of March 9, 2022.
In court Thursday morning, Lovato, dressed in a dark blue suit, his dark hair slicked back, displayed little emotion as the verdict was announced. His father, sitting right behind him, sobbed, head in hands, while jury members were polled.
Lovato turned slightly in his swivel chair and looked at his family after the jury was polled. Before being led away from the courtroom, Lovato handed his father a box of tissues from the defense table.
Judge Heidi Benson revoked bond for Lovato and scheduled sentencing for Oct. 22, 2024.
Prosecutor’s closing statements
Assistant State’s Attorney Susan Maxwell reminded jurors about Emily Check’s testimony on Tuesday. Check, who was Lovato’s ex-girlfriend, testified that Lovato told her during a conversation on March 8 that he would kill Almanza if she continued spending time with him.
“Nine hours later, he made good on that promise,” Maxwell said.
She also reminded jurors that David Freeman, who described himself as Lovato’s best friend, testified on Wednesday that Lovato told him he killed Almanza less than an hour before the shooting.
“He confessed to that killing before it ever happened,” Maxwell said.
And she reminded jurors that forensic pathologist Dr. Nathaniel Patterson testified that Almanza was shot at such close range that the gunpowder seared into Almanza’s skin.
“This was an execution. There’s no other way to describe what Dylan Lovato did that morning,” Maxwell said.
She said after driving away from the scene, Lovato confessed to the shooting a second time in a phone call to his father.
Maxwell said Lovato made deliberate choices and that the evidence was overwhelming that he shot Almanza.
The defense’s closing statements
Justin Bougher, one of two attorneys representing Lovato, tried to raise doubts about what happened. He said Check and another witness reported hearing two shots fired, when in fact Almanza was shot three times.
“How did she not hear three shots?” Bougher asked, noting she was in the apartment at the time.
He said Lovato was obsessed with Check, that his passion for her bordered on obsessive.
“He was convinced that life was not worth living without her,” Bougher said.
He suggested that perhaps Check had shot Almanza earlier, and that Lovato might have been willing to take the murder rap for her.
Bougher also questioned why Lovato would have brought two firearms with him, and used both in shooting Almanza.
“Two guns makes no sense,” Bougher told jurors.
He said jurors should acquit Lovato if they had any reasonable doubt about what happened.
In her rebuttal, Maxwell told jurors to use their common sense. She said there was a visible difference in Check’s demeanor when talking about Almanza as opposed to Lovato.
She also said there was nothing to indicate that Lovato wouldn’t have gone anywhere to hunt down Almanza.
“He is guilty. He pulled the trigger on both weapons,” Maxwell said.
After the trial
Maxwell told TSPR that Check’s “very clear testimony” was compelling. She was pleased the jury did not put any stock into the suggestion that Check was somehow involved in the murder.
“She showed heart and bravery in sharing her story so openly with the jury,” Maxwell said.
She also commended the other witnesses who volunteered information to law enforcement.
“It’s important in the grand scheme of justice that when people have the opportunity to help, when they have the opportunity to do something and to make a difference, that they do that. And we certainly had a lot of people in this case that did,” Maxwell said.
She said that information along with testimony from experts helped them build a case in which the evidence was overwhelming.
Maxwell has not decided what sentence she will seek for Lovato.
“That’s something that I will speak to Ivan’s family about, and take their thoughts into consideration,” Maxwell said.
She said she will also consider the circumstances of the case.
Defense attorney Andrew Stuckart declined to comment.
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