HAYWARD — An Alameda County jury on Tuesday convicted a 21-year-old Newark woman of second-degree murder and conspiracy to commit assault for her role in her Newark Memorial High classmate’s death nearly five years ago.
The District Attorney’s Office had asked the jury to convict Daniela Guzman of first-degree murder and conspiracy to commit murder in 17-year-old football star Justice Afoa’s Dec. 10, 2010, slaying, but the jury found Guzman guilty of lesser charges after more than two days of deliberation.
“I’m very pleased; I just wanted them to convict her of murder of Justice Afoa; the degree didn’t matter,” said deputy district attorney Elgin Lowe. “She is different than the actual killers. She didn’t kill him, but she had a lot to do with it.”
Guzman’s older brother Rafael Tovar and his fellow gang member Daniel Howard fatally stabbed Justice, but Lowe argued that the murder would have never happened without Guzman’s direction, lies and manipulations when she was 17. Lowe said that Guzman and Tovar wanted Justice dead because Justice put Tovar in the hospital when Tovar picked a fight with Guzman’s ex-boyfriend, Justice’s friend, in September 2010.
Defense attorney Ernie Castillo argued that Guzman should not be held responsible for her brother’s actions.
“Essentially, the jury agreed that she did not have the intent to kill but at most conspired to commit an assault. The way the law is written, that’s the only way to arrive at the verdict they reached,” Castillo said. “The jury acknowledged a difference between Daniela Guzman and her brother by convicting her of something less than first-degree murder. But I think second-degree murder was excessive given her conduct.”
Tovar, 34, and Howard, 33, were convicted of first-degree murder and conspiracy to commit murder at separate trials. Tovar was sentenced to 29 years to life, and Howard received 70 years to life for Justice’s murder and for trying to kill his pregnant girlfriend in a separate incident.
Tovar and Guzman’s cousin Anthony Bernal, 25, was sentenced to 12 years for stabbing another teen with a broken bottle while trying to stab Justice on Halloween 2010.
Guzman faces 15 years to life in prison at her sentencing Aug. 28. She plans to appeal her convictions, her attorney said.
“The family has expressed to me that they are very happy that everyone involved has been held accountable,” Lowe said.
Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com.malaikafraley.
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