A man has been convicted in the 2019 beating death of a business associate in Hialeah Gardens, while his brother was found innocent in the killing.
A man has been convicted in the 2019 beating death of a business associate in Hialeah Gardens, while his brother was found innocent in the killing.
Zadiel Rivero was convicted Friday of second-degree murder in the February 2019 killing of 31-year-old Frank Canet.
Rivero's brother, Zandy de la Osa, was found not guilty of the charge and walked out of court a free man after five years behind bars.
"I'm happy," de la Osa said in Spanish as he left court. "But I'm hoping my brother is also let out."
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"The jury ruling showed that it was justifiable where that my client did not do anything wrong," said de la Osa's defense attorney, Bruce Lehr. "I'm sorry that the end product was that somebody died."
Rivero's attorney said they plan to appeal. He faces up to life in prison at sentencing, scheduled for later this year.
Jurors had begun deliberations on Thursday afternoon and returned their verdict by midday Friday.
Throughout the trial, the siblings did not dispute most of the graphic surveillance video that showed them killing Canet, however, they argued they fought for their lives and there was more to the story. The cameras were set up outside of Rivero’s home.
“I was desperate and scared. I acted out of fear. That instinct and fear to save my life and my brothers,” Rivero said while taking the stand in his trial and while hoping to convince jurors that the death was justified.
“Did you wish it did not happen?” asked Jonathan Jordan, the attorney representing Rivero.
“Of course,” Rivero responded.
Rivero said Canet showed up uninvited to his home. Prosecutors refuted that claim. However, both Rivero and Canet brought their own knives to that meet-up.
Defense attorneys used Canet’s positive meth toxicology result to claim the deceased was demonstrating “superhuman” behavior because of the multiple drugs found in his system. Rivero testified Canet looked like a “druggy” and he threatened to rape and murder his loved ones. In response, Rivero claimed he had no choice but to defend himself.
Prosecutors, during closing arguments, reminded jurors the true victim in the case was Canet and not the brothers.
State attorneys pulled out a mannequin with more than two dozen pins demonstrating the 29 times Canet was stabbed. The stab wounds were so deep that Rivero inserted the knife into Canet, eventually slicing his pancreas, according to prosecutors.
“This is our life on the line,” Rivero told jurors. “Our families are waiting for us,” he stated as he pointed to the back of the gallery where two rows of his loved ones sat listening to the trial.
De la Osa, who chose not to testify during trial, claimed the video only showed him running with a pipe because he wanted to separate Canton from hurting his brother.
“He tried to keep his brother alive,” said Lehr.
On the other hand, Rivero was also charged for sexually assaulting a 16-year-old female, in an unrelated 2019 case.
Records show Rivero and his wife Yaisel Faya-Guinea sexually assaulted the teen in their home and then recorded the event with their home surveillance cameras.
Faya-Guinea pleaded guilty in 2022 and was sentenced to four years probation, according to records.
Rivero has pleaded not guilty in the assault case.
