F. Lazcano final witness in his own trial

Frank Lazcano's trial was wrapped up Thursday with his own testimony accusing his brother, Daniel Lazcano, of shooting and killing Marcus Schur in December 2011.

Frank Lazcano, 25, is on trial for charges of first-degree murder, first-degree kidnapping and unlawful disposal of human remains. The state, led by Whitman County Prosecutor Denis Tracy, alleges that on Dec. 27, 2011, Frank flushed 23-year-old Schur out the back door of a Malden home, where Daniel Lazcano shot Schur twice with an AK-47. The brothers then loaded Schur into the trunk of their white Ford Escort and dumped his body in a creek in the Hole in the Ground area in north-central Whitman County.

The trial was anticipated to continue into today with testimony from the defense's medical witness as rebuttal to the prosecution's witness, forensic pathologist Jeffrey Reynolds, who testified that the swelling in Schur's right hand indicated he was still alive when the Lazcanos packed him into the back of their car. Defense Martonick decided they would not call their witness under the stipulation that the jury not consider Schur's swollen hand as evidence of his time of death.

The prosecution's kidnapping charge relies on the jury believing Schur was alive when he was taken from the scene of the shooting, but Tracy agreed to the stipulation.

During his testimony, Frank Lazcano claimed Schur was already dead when he and his brother loaded him into the trunk of their car. He called on his hunting experience as expertise with death.

"Marcus was looking at me in the eye when he died. I see this often in my head," Frank said. "I've seen things die. I've seen animals die. Marcus was done when I put him in the trunk."

Frank Lazcano also claimed he checked on Schur while he lay lifeless in the trunk, thinking maybe he was still alive.

"I poked him, I grabbed him by the shoulder, I rolled him, checked his pulse. I said I was sorry," Frank said through tears.

In his closing argument, Tracy argued that not only was Schur alive when he was put into the trunk but Frank Lazcano knew it. If Frank was sure Schur was dead, then "why stop and check on him later?" Tracy asked.

During his testimony, Frank Lazcano admitted to unlawfully helping to dispose of Schur's body but claimed Daniel was the one who shot him twice, once in the pelvis and once in the shoulder. The shoulder wound caused massive blood loss that eventually killed him. Daniel Lazcano's trial ended in a mistrial last week when the jury was unable to reach a unanimous decision on the murder and kidnapping charges. He was found guilty on the third charge. He awaits a new trial in the spring.

The defense also claimed the Lazcanos' uncle, Travis Carlon, was the brains behind disposing of the murder weapon in the Spokane River and burning the car.

After loading Schur's body into the trunk of the Lazcanos' car, Frank said he drove to Carlon's house and told him what happened. Frank and Carlon then separately drove to the Hole in the Ground area, where Daniel and Carlon left Frank for a while.

"I don't know where they went or what they were doing," Frank said. "I suspect they were getting some kind of supplies to get rid of Marcus."

Frank also testified that he gave the gun to Carlon, who then disposed of it.

'Country boys with guns'

The prosecutor's closing argument focused on the reasonableness of Frank Lazcano's actions the night Schur was killed. He pointed out Frank did not ask his brother to come to the front of the house when they first arrived and Daniel drove into the back, where Schur was later shot.

Tracy also questioned Frank's knowledge about the gun Daniel brought with him to the house. In his testimony, Frank claimed he did not know his brother had brought a gun.

"Is it credible that Frank Lazcano had no reasonable grounds to believe that his brother had a deadly weapon? No," Tracy said, recalling several witnesses who said Daniel "always" had a gun with him.

"Country boys with guns," Tracy said.

His brother's actions

In Martonick's closing argument, he rebutted Tracy's claims about Frank's intentions the night Schur died.

"He had no intention, no desire, no plan to kill Marcus Schur," Martonick said. "Daniel was on his own agenda, it wasn't Frank's agenda. Hold Frank accountable for his actions. Do not hold him accountable for the actions of his younger brother."

The jury will begin deliberations today at 9 a.m.

Estelle Gwinn can be reached at (208) 882-5561, ext. 201, or by email at egwinn@dnews.com.