Closing arguments continue in Toste murder case

<p>Closing arguments are continuing in the murder trial of two men accused of gunning down Matthew Toste in a downtown Santa Rosa parking garage more than three years ago.</p><p>Joseph Lopez Jr., 21, and Paul Whiterock, 30, both of Santa Rosa, are charged with first-degree murder for the benefit of a street gang in the slaying of the 32-year-old construction worker.</p><p>If convicted, they face life in prison.</p><p>Following morning jury instructions from Judge lawrence Antolini, attorneys launched into closing arguments. Testimony before the nine-woman, three-man jury began Feb. 10 and closing arguments continued throughout the afternoon. Jurors were told that arguments would continue until 7 p.m. and then jurors will get the case for deliberations this week.</p><p>Prosecutors contend Lopez shot Toste on Dec. 3, 2006, inside the Seventh Street garage during a confrontation. Witnesses said Lopez, Whiterock and three other men made sexual remarks to two women Toste was with and grabbed one of them.</p><p>Toste punched one of the men, Lopez's father, Jospeh Lopez Sr., 41, knocking him unconscious. Lopez then pulled a gun and shot Toste, who was unarmed, in the chest. He died at the scene.</p><p>Defense attorney George Boisseau said his client believed Toste shot the elder Lopez. He said he fired at Toste to protect his father.</p><p>Key witnesses gave conflicting testimony about who was present at the shooting and where Lopez got the gun. Whiterock's attorney, Kristine Burk, said her client was not involved. Prosecutors said he helped Lopez get away.</p>