After 7 days of jury deliberations, tech consultant, Nima Momeni was convicted Tuesday, December 17, 2024 of second-degree murder for the stabbing death of Cash App founder Bob Lee. Lee was fatally stabbed in the heart just after 2 a.m. near the San Francisco Bay Bridge in the early hours of April 4, 2023. The verdict concludes a two-month-long trial.
Momeni was charged with first-degree murder, but the jury instead decided on a verdict of second degree murder. This means that although Momeni intentionally killed Lee without justification or excuse, he did so without premeditation and deliberation. The defense had argued that Momeni acted in self-defense.
Prosecution’s case.
Prosecutors’ theory of the case was that Momeni killed Lee after discovering that Jeremy Boivin, a drug dealer that Lee had introduced to Momeni’s sister, Khazar Momeni, had sexually assaulted her. According to prosecutors, Momeni lured Lee to a secluded area near the Bay Bridge and stabbed him with a kitchen knife taken from Khazar’s apartment. The murder weapon was discovered where it had been apparently discarded over a fence. Lee made a desperate 911 call as he staggered along Main Street, eventually dying from his wounds. Prosecutors played this recording for the jury.
Defense case.
The defense’s theory of the case, on the other hand, was that Lee had attacked Momeni first. Momeni testified that it was Lee that had become enraged moments before the stabbing, after Momeni jokingly criticized Lee for preferring to visit a strip club instead of spending time with his family. According to Momeni, Lee pulled out a knife and threatened him. Momeni testified that after the altercation, Lee appeared fine and walked away, leading him to believe no harm had been done.
Self-defense not supported by evidence.
The defense case suffered from logical inconsistencies and lack of evidentiary support. For example, Lee had been stabbed several times, including a puncture wound to his heart. Someone with those injuries would not have appeared to be ok. A video of Lee staggering up the street and collapsing, and the desperate 911 call that Lee made moments later, made this claim unlikely. Also, the knife came from Momeni’s sister’s apartment which the men had just left. This would indicate some sort of plan to use it, which does not square with Momeni’s testimony that it was an off-hand remark that set Lee off.
The defense attempted to bolster Momeni’s unlikely story by evidence of Lee’s drug use leading up to the time of his death. They argued that Lee’s erratic behavior was due to his use of cocaine and ketamine during a days-long drug binge. A medical report revealed that Lee had both substances in his system at the time of his death.
The defense introduced a video showing Lee and his friend Bo Mohazzabi allegedly using cocaine just hours before Lee’s death, suggesting that an object the 2 men used to ingest the cocaine was the murder weapon.
Khazar testified, but said her use of drugs at the time affected her memory. However, the prosecution did not need to prove the assault on Khazar actually occurred, just that Momeni believed it did.
Prosecutors pointed out that Momeni did not call 911 after the alleged assault and discarded the knife without seeking help. He also had no defensive wounds consistent with having been attacked.
Prosecutors also presented testimony from individuals who described Lee as friendly and non-aggressive, even when intoxicated. One of Lee’s former colleagues from Google described him as a “teddy bear,” further supporting the prosecution’s argument that Lee was unlikely to have been aggressive in the manner testified to by Momeni.
Aspects of a murder victim’s personality would not normally be admissible. But since Momeni claimed Lee was the aggressor, Momeni put Lee’s character at issue, allowing the prosecution to present circumstantial evidence to the contrary.
Finally, prosecutors introduced evidence that the DNA found on the knife was Lee’s DNA on the blade and Momeni’s on the handle.
Momeni’s lawyers questioned the lack of fingerprint testing on the knife and proposed alternative scenarios, such as Lee pulling the knife from his own jacket. The damage, however, had likely been done. Juries are known to respect DNA evidence and this evidence only went one way.
Analysis of the defense.
Self-defense was an aggressive defense here. If believed, it would lead to an acquittal, but there were too many inconsistencies between Momeni’s testimony and other evidence. Self-defense is also inconsistent with manslaughter.
Manslaughter.
Jury instructions included manslaughter, which is considered a “lesser included” crime to murder. An intentional killing is admitted, but without malice aforethought, done after a “sudden quarrel” or in the “heat of passion.”
Momeni would have been rightfully angered by his sister’s supposed rape, and held Lee responsible. Also, there was no cooling off period since the rape had occurred the day of the killing. Although it’s difficult to know what a jury will do, this defense would have been far easier to square with the prosecution’s case. Momeni’s grabbing a knife on his way out the door with Lee would also comport with a sudden rage. On the other hand, it is also evidence of premeditation for first degree murder which the defense team should be credited with avoiding with a self-defense claim.
Momeni would certainly have made a better impression on the jury had he admitted to losing his temper and then shown remorse for the killing. Instead, his testimony painted a picture of Lee as a drug addled, erratic, monster, which did not comport with other evidence. Momeni was also combative on cross-examination further supporting the prosecution’s theory that Momeni, and not Lee, was the aggressor.
But Momeni testified to self-defense. If that was his position, he had a right to testify to it. The defense, then, would have had no alternative but to create a case around it.
A high term sentence for manslaughter would have been 11 years. A more likely sentence for someone with no record would be a mid-range of 6 years, with arguments to the judge for a sentence as low as 3 years.
The judge, however, will have no leeway with a second degree murder. Momeni now faces a prison sentence of 16 years to life. The sentence for second degree murder is 15 to life. The added year is for an enhancement for use of the knife, making it 16 years to life.
Once incarcerated, Momeni will have to face a parole board after he’s served most of the determinate portion of his sentence, with an indeterminate portion hanging over his head. His story will have to shift in order to show acceptance of the facts the jury decided, and to show remorse, if he is to have any chance at release. Defiance is not a winning strategy at a parole hearing.
Seven days of deliberation typically bodes well for the defense. It’s hard to guess at what they struggled over, but they all agreed on murder in the end.
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