Updated: Friday, 30 Apr 2010, 10:47 AM MDT
Published : Monday, 08 Mar 2010, 6:32 PM MST
ALBUQUERQUE (KRQE) - Jurors went home Monday after nearly five hours of deliberating over the fate of a man accused of murdering a restaurant hostess over a tip jar.
Closing arguments wrapped up earlier Monday in the trial against Donte Power in state District Court in Albuquerque.
Power was 19 when police accused of him shooting Qiu Feng Chen as she stood behind the counter of her family's restaurant, Golden Star, on San Pedro Avenue NE in July 2008.
Police said Power stole the tip jar off the counter, which contained $3.45.
Chen's then 4-year-old son, Henry You, watched her die in her mother's arms.
Police arrested Power a few hours later across the street at Coronado Mall and found a gun they said he tried to get rid of in the bushes.
His lawyers argued that there were no eyewitnesses who could put Power at the scene of the crime.
"The state's entire case is based solely on circumstantial evidence," defense attorney Amanda Stephenson said during her closing argument. "You actually have misidentification of a suspect."
But state prosecutors said they have DNA and ballistic evidence linking Power to the shooting, and the tip jar found in Power's car that had his fingerprints on it.
"DNA, fingerprints, casings, all of that is circumstantial, but when you put it all together it can tell us what happened," Assistant District Attorney Allison Hedgecock told the jury.
Power's best friend, however, told KRQE News 13 outside the courtroom that police have the wrong guy.
"He's a great guy, and he's loved by many, and I'm sure there's a lot out there that hate him also," said James Rendón. "But I mean, hey, I've known him my whole life and he's a great and wonderful person."
Power is no stranger to police and still faces a trial in April after being accused of dealing drugs and hitting a pregnant woman. He has another trial in May for a home burglary where police said he stole the gun used in Chen's murder.
Power did not take the stand in his own trial. He faces several charges including felony murder and child abuse. Investigators believe he put Chen's son in danger he shot her.
Power faces life in prison if he's convicted.