A Jefferson County judge has sent the case of a Birmingham youth baseball coach's fatal shooting to a grand jury, after a preliminary hearing laid out new details of the barbershop confrontation that left him dead and reignited a dispute over whether his killer acted in self-defense. Magdaleno Mendoza Jr., identified in the hearing as a 37-year-old man from Pinson, is charged with provocation manslaughter in the June 13 shooting death of 34-year-old Jorge Fonseca, a husband, father of four and youth baseball coach.
Mendoza appeared before Jefferson County District Judge Tanita Cain for the preliminary hearing, according to AL.com. Cain ultimately sent the case to a grand jury for indictment consideration. Fonseca and Mendoza were customers at La Vida Barberia Spa Y Estilismo on West Valley Avenue, and police have said the two men were known to one another before the shooting turned deadly, according to ABC 3340.
Inside the Barbershop Confrontation
The shooting was captured on surveillance video, per the same AL.com account, and investigators testified to what it showed. Jarvelius Tolliver testified that Fonseca initiated verbal contact and the subsequent physical altercation. Fonseca motioned to Mendoza, who was seated in a barber chair, to go outside, and Fonseca punched Mendoza in the face once they were out front.
From there, the account grows more violent. Mendoza was pushed down onto a bench with Fonseca on top of him, and he was seen pulling his gun with his right hand while his left hand was wrapped around Fonseca's head. After the shot was fired, Mendoza struck Fonseca's head with the gun three times while Fonseca was on the ground, the hearing testimony indicated.
Fonseca's wife, Brenda Perez, had gone to the barbershop with him so one of their children could get a haircut. She told the hearing she heard a commotion and then a gunshot before going outside, where she found her husband down. Fonseca died from a single gunshot wound to the chest and was pronounced dead on the sidewalk outside the shop.
Dueling Accounts of Justification
Mendoza fled the scene after the shooting but was taken into custody within 15 minutes, a short distance away. He is now out of jail on $30,000 bond. His attorney, John Robbins, argued that Mendoza had a right to defend himself, while deputy district attorney Nick Taggart acknowledged that Fonseca initiated the confrontation that led to the physical fight.
Not everyone agrees that the response was justified. Nick Taggart himself laid out the competing legal standard at the hearing, saying “there's no legal right to take someone's life when you're not under the threat of immediate serious injury or death,” and arguing deadly force was not warranted because Fonseca was unarmed. Mendoza's attorney, John Robbins, countered that his client “had every right to defend himself,” adding, “I welcome 12 people watching these videos and saying this is not self-defense.”
Mendoza faces a provocation-manslaughter charge. Separate guidance from the Alabama Judicial System says a defendant does not bear the burden of proving self-defense; once self-defense is at issue, the State must prove beyond a reasonable doubt that the defendant did not act in self-defense.
A Coach Remembered by His Community
Fonseca had coached travel baseball for several local teams, including the Wow Factor 205 nonprofit, according to WBRC. His death, which happened in front of his wife and children, drew an outpouring of community support in the days that followed. A GoFundMe campaign had been started for his widow and children, and WBRC reported that a community event honoring Fonseca's life was planned for Avondale Park that June.
At the time of the shooting, Fonseca was counted as Birmingham's 23rd homicide victim of the year, according to a report carried by Yahoo News. The case now moves to a grand jury, where the panel will consider whether to indict Mendoza.
