FRESNO, Calif. (KFSN) -- Earlier this year, 64-year-old Harbhajan Mundi was convicted of first-degree murder for a shooting in 2018 that resulted in the death of his former business associate.
Thursday morning, Mundi was scheduled for sentencing but his defense attorney, Tony Capozzi, pleaded his case about Mundi's mental state the day of the shooting.
"We asked the court to look at the evidence separate from the jury," Capozzi said. "Unfortunately, the court saw it differently and upheld the jury verdict. Our position now is the court of appeal needs to look at this to see if the evidence really is sufficient for first-degree murder."
Prosecutors say Mundi shot Nizam Rajabali and his son, Jahan Rajabali, during a business meeting at the Aztecs Gas Station & Liquor Store in Farmersville.
Nizam owned the property while Mundi managed the store.
Investigators said Mundi pulled out a gun on Nizam, but his son tried to intervene.
Shots were fired and both father and son were injured.
Officials said Mundi also hit Nazim in the head with a hammer several times while calling 911.
Nazim died days later.
"There were many observations by Dr. T about his demeanor, how he testified and how he seemed to be somewhere else while testifying," Capozzi said.
Capozzi plead his case, saying Mundi was not in his right mind at the time of the shooting.
Prosecutor Adam Clare said he still needs to be punished for the crime.
"Defendant is still responsible because he set those events into motion," he said. "He pulled out the gun and the person he intended to kill was killed."
Mundi will be sentenced on August 5th. He will be facing at least 25 years in prison.