Lakeside Man Sentenced For Fatally Shooting Realtor

EL CAJON, Calif. -- A Lakeside man who shot a real estate agent twice in the head during an argument over a condominium deal was sentenced Thursday to 40 years to life in state prison.

Michael Ray Jennison, 38, was convicted Sept. 9 of second-degree murder in the Feb. 1, 2007, death of 64-year-old James Magot. The jury also found true a sentencing-enhancing firearm allegation.

Judge Allan Preckel denied the defendant's motions for a new trial and to reduce the conviction to voluntary manslaughter before pronouncing his sentence.

"In the court's view, the evidence supports overwhelmingly the verdict reached by the jury," Preckel said.

Janet Magot, who was married to the victim for 41 years, said her husband was a Vietnam veteran who was active in his community and church.

"When he (Jennison) murdered Jim, he caused a huge loss in the lives of a lot of people," the widow said.

Dawn Magot told the judge that her father was "an example of a real man" that's so rare these days. She described him as her best friend and mentor, whose loss is "indescribable."

Jennison shot the victim after the two argued about the sale of a condominium on Wintergardens Boulevard that the defendant inherited from his grandmother.

James O'Kane, a neighbor who witnessed the shooting, said Jennison wanted to sell the condo to him, while Magot wanted to buy it for himself.

O'Kane testified that Jennison physically assaulted Magot, and the two ended up on the floor, with the victim on top of the defendant. When Magot let Jennison go, the defendant got a gun and shot the victim, according to O'Kane.

Defense attorney Brian White told the jury his client had been raised by his grandparents from the age of 12, and psychological issues made him incapable of handling stressful real estate negotiations.

The lawyer told the judge in his motion for a new trial that several hours before they convicted his client, jurors read an article in the San Diego Union-Tribune that said the defendant had guns, ammunition and cash in his car when he was arrested in Arizona.

That information had been ruled inadmissible at trial.

The revelation had to have prejudiced the jury against his client, because it was "central to his state of mind" at the time, White argued.

In denying the motion, Preckel said that while he wished the newspaper article had never found its way into the hands of jurors, the law calls for trials with "fundamental fairness" instead of "perfection."

White said he will appeal the judge's ruling on the motion.

"This issue is far from being over," the attorney said.