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Defendant in fatal shooting convicted of lesser assault

Sentencing for Eriberto Mendoza set for Oct. 13.

Defendant in fatal shooting convicted of lesser assault
Juan Mendoza (left), deputy prosecutor Cole Deaver, defense attorney Senit Lutgen, and Grant County prosecutor Brandon Guernsey discussed potential witness testimony outside the courtroom Tuesday morning during a homicide trial in Grant County Superior Court. Photos by Randy Bracht

EPHRATA — A Grant County Superior Court jury has convicted an Ephrata man of first-degree assault with a deadly weapon in connection with a fatal shooting at a local gas station last summer.

 The jury’s verdict Friday morning was a lesser alternative to the second-degree murder charge sought by county prosecutors against the defendant, 31-year-old Eriberto Mendoza.

Mendoza was accused of gunning down Daniel Alcala, 30, also of Ephrata, during a family-related confrontation on the evening of July 20, 2025 at the Hawk Fuel convenience store on North Basin Street.

Mendoza is scheduled to be sentenced Oct. 13 by Judge Melissa Chlarson, who presided over a weeklong trial that began last Wednesday.

Under state sentencing guidelines, Mendoza faces an estimated 13 years in prison on the assault conviction and a mandatory enhancement for the use of a firearm, said deputy prosecutor Cole Deaver.

Spokane attorney Senit Lutgen represented Mendoza, who testified on his own behalf and was the lone witness for a defense that argued he was not guilty because the shooting was justifiable homicide.

The incident was investigated by Ephrata police and Grant County sheriff’s deputies.

That evening, Mendoza and his brother, Juan, were at Hawk Fuel when Alcala coincidentally arrived at the location with his family. At the time, Juan Mendoza was living with Alcala’s sister. But the couple, who have two children together, had an argument that morning after he received a text message from another woman, according to authorities and court testimony.

Video footage obtained from the store showed Juan Mendoza in the passenger seat of a pickup parked at one of the gas pumps. Daniel Alcala is seen walking up to the vehicle and talking to him through an open window, then opening the door and punching Mendoza, who remained seated inside the truck.

Eriberto Mendoza was inside the store but rushed outside, produced a handgun, and shot Alcala in the back, according to police reports. A fatally wounded Alcala retreated to the rear of the truck and collapsed to the ground. He was later pronounced dead at the scene. Eriberto Mendoza got in the truck and drove away with his brother, who also sustained a gunshot wound and was treated at Columbia Basin Hospital. 

When questioned at the hospital by a sheriff’s detective about the shooting, Juan Mendoza only said that “Eriberto had defended him.” Later that evening, authorities took Eriberto Mendoza into custody without incident at a rural residence in the 12700 block of Road A-NW. A Glock 9mm handgun found on his person was collected as evidence.

Investigators said Alcala did not appear to have any weapons and was only using his hands to punch Juan Mendoza. They also alleged that Eriberto Mendoza did not appear to give any warning or attempt to separate Alcala from his brother before shooting.

“The shooting of Daniel does not appear to be reasonable,” wrote sheriff’s Detective Sgt. Kyle Cox in his July 21, 2025 report.

Grant County Superior Court Judge Melissa Chlarson (center) presided over the weeklong trial of defendant Eriberto Mendoza (left), who was represented by attorney Senit Lutgen (right).

During trial, Juan Mendoza testified about his tenuous relationship with Alcala, whom he described as a brother-in-law, and various events and conversations throughout the day that eventually culminated in the shooting.

At the gas station, Mendoza said Alcala “went straight up to me and (asked) … ‘Why did you hurt my sister?’” Mendoza then told the court, “I didn’t hurt his sister. So why did he treat me like that, you know?” 

 When the assault started, Alcala repeatedly hit him in the head and face, said Mendoza. “He wasn’t going to stop.”

Jurors were asked to consider whether the shooting was a justifiable homicide, in which the slayer believed the slain person intended to inflict death or great personal injury to another individual.

Deaver, county prosecutor Brandon Guernsey, and Lutgen debated the issue before Chlarson Wednesday morning in preparation for jury instructions.

Deaver characterized Alcala’s attack as a misdemeanor assault, noting that Juan Mendoza did not suffer any significant injuries, and that Eriberto’s use of force in response was excessive and unreasonable. Lutgen, in turn, contended there was a “legitimate question” about the intent and seriousness of Alcala’s actions. “It could very well be a felony,” Lutgen told the judge, saying it should be up to the jury to make that decision.

Ultimately, the 12-member jury convicted Eriberto Mendoza of first-degree assault, but found him not guilty of intentional or felony second-degree murder, which would carry a longer prison term of 12 to 20 years plus an additional five-year enhancement for use of a deadly weapon.

The jury verdict was announced late Friday morning after a full day of deliberations on Thursday. Jurors also opted to not convict on lesser alternative charges of first- or second-degree manslaughter, which involve reckless or negligent conduct that results in the death of another person.

The defendant has remained in jail in lieu of $75,000 bail since his arrest last year. Separately from the shooting, Mendoza was involved in a fight with another inmate this past February. During that brawl, Mendoza sustained a fractured eye socket while the fellow inmate received several stitches for a facial laceration, according to court documents.

Randy Bracht, Editor profile image
by Randy Bracht, Editor

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