Jury finds man guilty in gun killing of fire captain

A jury has found Hezron Parks guilty of second-degree murder in the shooting death of Tempe fire Capt. Kyle Brayer.

During the trial, held over the past several weeks, defense attorney Stephen Crawford said Parks, 22, was acting in self-defense when he shot Brayer on the streets of downtown Scottsdale in 2018.

Prosecutor Jordan Smith argued Parks wasn’t acting in self-defense but

was actually an intoxicated instigator who directly caused what happened that night when he continued to antagonize Brayer and others seated on the back of a golf cart. Parks shot Brayer when Brayer was still feet away from Parks’ driver’s side window.

“This isn’t self-defense,” Smith said. “This is somebody who creates a situation and doesn’t take responsibility for his actions.”

Parks also was found guilty of multiple counts of endangerment in addition to assault, leaving the scene of an accident and disorderly conduct.

Court officials said the aggravation phase of the trial will start today.

“This isn’t self-defense. This is somebody who creates a situation and doesn’t take responsibility for his actions.” Jordan Smith, Prosecutor

Evidence shows Parks fired from outside car

Brayer and a group of friends attended the Waste Management Open on Feb. 3, 2018. The group, which also included Tempe firefighter Zachary Kwiatkowski, then went to downtown Scottsdale to eat dinner and continue to drink before they crammed into a golf cart driven by a hired driver.

Brayer, Kwiatkowski and Linsey Kornblau were seated in the back row of the golf cart, which faced out.

Parks initially drew the attention of two off-duty Scottsdale police officers working at a nearby nightclub when he slapped a security guard at a bar after he was denied entry. Smith said Parks wasn’t allowed in the club because he was too drunk. He was briefly handcuffed and later let go after the security guard opted not to press charges.

Parks later told investigators he only had a few beers and was not intoxicated at the time. Smith said he likely had much more to drink than just a couple of beers.

Then, Parks hopped into his red Scion and pulled up behind the golf cart carrying Brayer and six others. Traffic was at a standstill.

Smith said Parks began to antagonize the occupants of the golf cart. He revved his engine multiple times and would speed up before slamming on the breaks to stop just inches away from hitting the back of the golf cart. Smith described the Scion as being so close to the golf cart that Brayer was able to put his foot on the front of the car.

Parks testified that he yelled back as Brayer and others began yelling profanities at him.

However, Crawford pointed to differing witness testimonies. Some recounted how Parks revved his engine, while others thought he may have tapped the back of the golf cart.

Parks testified that it went much further than that with Brayer actually kicking the hood of his car.

“That’s when I made eye contact with Kyle once again. And that’s when I heard him say, ‘You’re gonna pay for what you did,’” Parks said.

Brayer eventually stepped off the golf cart to confront Parks. Parks then shot Brayer. The crux of the case was when exactly Parks pulled the trigger.

Parks testified that Brayer rushed to the driver’s side window and nearly stuck his head through the opening.

“And that’s when I leaned away from the window and he kept on advancing,” Parks said. “And that’s when I turned away from him, and I grabbed my registered firearm. Without looking, I just fired one shot basically over my body and that’s when I saw my attacker wasn’t there anymore.”

But Smith said evidence showed Parks shot long before Brayer ever made it to the car — possibly from as far as 6 feet away. There was no stippling on Brayer’s body that would indicate he was shot from a close range.

A shell casing was found outside the vehicle, which confirms Parks stuck his gun outside the window to fire.

Parks then drove off, swerving past Brayer’s body in the street. He drove down two lanes of traffic before turning onto another street, side-swiping multiple cars in the process.

The gunshot wound was inoperable and Brayer died at the hospital hours later. Parks turned himself in to law enforcement later that day after he saw the news of Brayer’s death.