A Syracuse jury is currently deliberating the fate of 28-year-old Josue Pizarro, who is charged with second-degree murder for the 2024 daylight shooting of Jesus Carmona. While Pizarro claims he fired the initial shots in self-defense after being confronted by an armed Carmona, prosecutors argue the subsequent eight shots fired while the victim was on the ground constituted “overkill”.
SYRACUSE, NY — The thin line between self-defense and second-degree murder is now in the hands of a Syracuse jury. On Friday, April 3, 2026, closing arguments concluded in the trial of Josue Pizarro, who stands accused of the April 13, 2024, killing of Jesus Carmona on Sabine Street.
The case presents a complex tactical and legal puzzle. Pizarro testified for nearly two hours, telling jurors he was “scared for his life” when Carmona—a man who had reportedly shot Pizarro months prior and was currently armed—approached him. Pizarro admitted to retrieving a .45 caliber handgun from a hidden stash under a porch and firing at Carmona as the man allegedly reached for his own 9mm pistol.
The “Overkill” Argument
Prosecutor Anthony Copani argued that the forensic evidence tells a different story. The first shot struck Carmona in the left temple, leading Copani to claim Pizarro “sucker-shot” the victim while he wasn’t looking.
However, the most contentious part of the trial involves what happened after Carmona fell. Pizarro’s gun malfunctioned after the initial shots, but he then picked up Carmona’s dropped 9mm and fired eight additional rounds, striking the victim five more times.
“There is no justification for the eight extra shots,” Copani told the jury, labeling the act as “overkill”. The defense, led by Nicholas DeMartino, countered that the “fear had not gone away in an instant” and that Pizarro was firing out of a continuing sense of terror while attempting to flee the scene.
Duty to Retreat and Gun Charges
Under New York law, a person generally has a “duty to retreat” if they can safely do so before using deadly force. The prosecution argued Pizarro should have run as soon as he saw Carmona arrive, rather than arming himself and waiting for a confrontation. Pizarro’s team argued that the duty to retreat only began once Carmona actually advanced with a firearm.
Regardless of the murder verdict, Pizarro faces near-certain conviction on two counts of illegal possession of a weapon, as there is no legal justification for carrying an unlicensed firearm. He faces 25 years to life if convicted of murder, and up to 15 years for each gun charge.
Safety Tip: This case highlights the critical legal concept of “cessation of threat.” In any self-defense scenario, your right to use deadly force ends the moment the threat is neutralized. Firing additional rounds into a downed suspect—especially using their own firearm—is almost always viewed as “overkill” or “finishing shots” by a jury. As a concealed carry holder, your training must include the mental discipline to “scan and assess” after every engagement. If the suspect is on the ground and disarmed, your role transitions from active defense to securing the scene and waiting for law enforcement. Continuing to fire can turn a justifiable shooting into a life sentence in prison.
Read the full article here
