PROSECUTOR: GUNMAN “MADE DECISION TO KILL” May 18, 2009 “There is an agreement about the most important fact of this case,” a Suffolk prosecutor today told Superior Court jurors during a closing argument in the trial of a 23-year-old man charged with fatally shooting an alleged rival at a Dorchester convenience store two years ago. “JOSE DELACRUZ shot and killed Tyrice Brown.” Delacruz (D.O.B. 9/7/85) is charged with first-degree murder for the Feb. 8, 2007 shooting, which was captured on the 24 Seven convenience store’s surveillance video. Assistant District Attorney Amy Galatis told jurors that Delacruz “hated” Brown so much, that he “made the decision to shoot and kill him,” moments after walking into the convenience store at about 3 that morning. Evidence suggests that Delacruz entered the store to purchase several items. Brown was sitting on an icebox inside of the store, talking with a friend. Delacruz brought some items to the counter to pay for them, but allegedly left abruptly before completing the sale, only to return moments later with a gun. “Think about all of the decisions the defendant has to make,” Galatis said. “The rational decisions that are completely evident by the video. He makes the decision to return two minutes later with a loaded gun in his pocket. He walked from the door to the exact spot where Tyrice was sitting. He aims at Tyrice and fires and makes the decision to fire again and again and again.” Brown was shot four times at close range; those shots broke Brown’s arm, penetrated his shoulder and lung, severed an artery in his torso, and crashed through his chest, causing injuries that claimed his life in a matter of minutes. Immediately following the shooting, Galatis said, Delacruz “makes the decision to flee the store, jump into a waiting car, get rid of the gun, get rid of his clothes, leave the state, and flee to Delaware.” In the course of a Suffolk County Grand Jury investigation, prosecutors and Boston Police homicide detectives identified the shooter depicted in the store surveillance footage. On March 27, 2007, Delacruz was apprehended in Wilmington, Delaware. In a subsequent interview with Boston Police detectives, Delacruz gave officers several different alibis of his whereabouts on the date of the shooting, Galatis said. After being confronted with his inconsistencies, Delacruz allegedly admitted to shooting Brown, because he believed it was Brown who had shot him a month before the homicide. Galatis told jurors that Delacruz could have called police if he believed that Brown was the one who shot him. “He could have done the right thing,” she said. “He chose not to.” “I am asking you to convict Jose Delacruz of the brutal and inexcusable murder of Tyrice Brown,” Galatis said. Delacruz is represented by attorney Robert Griffin. Proceedings took place in courtroom 914 before Judge Charles T. Spurlock, who instructed jurors on the law before they began their deliberations today. Return to the Press Releases page.