Opening arguments delivered in murder trial
Court session revolving around 2006 shooting episode began Monday
By Katie Pizza
Argus Observer
Tuesday, April 22, 2008 11:40 AM PDT
Payette — Payette County Prosecuting Attorney Brian Lee asserted an area man on trial for murder is linked to area gangs, but the defense argued those assertions would prejudice jurors toward the defendant.
Lee made his statements during the opening phase of the murder trial for Hector Brito Almaraz Monday at the Payette County Courthouse.
Almaraz, also known as “Puppet,” was arrested and later charged with first-degree murder in connection with the 2006 shooting death of Gabriel Flores, 28, at the Club 7 bar in Fruitland.
Lee told the jurors Monday the case was straightforward.
“This case today is about murder,” Lee said. “Gabriel Flores was murdered two years ago this month.”
Lee asserted Almaraz attacked Flores and shot him in the back because Flores was wearing a red Michael Jordan Bulls jersey.
Lee said Almaraz had affiliations with area illegal syndicates. Lee’s assertion did not sit well with the defense.
Almaraz’s defense attorney, Van Bishop, said Lee’s statements would prejudice jurors toward his client and continuing to discuss gang links without proof might lead to a mistrial.
Judge Gregory Culet alerted Lee regarding the gang assertions.
“You’re going to have to get in the evidence to match your statement,” Culet said.
Bishop said surveillance cameras at the shooting scene could prove Almaraz’s innocence, and he said he intended to show the bullet that killed Flores came from another direction, not from Almaraz’s vicinity.
Bishop also found fault with the amount of time law enforcement officers spent on the case.
“Fruitland police had a shooting, suspect and a warrant within two hours,” he said.
Monday, the prosecution called its first witness, Payette County Sheriff’s Office Deputy Dan Joines.
Joines testified he arrived at the bar and was promptly met with yelling from patrons gathered outside. In an audio CD played for jurors, Joines could be heard speaking over several different voices, attempting to learn if anyone had seen anything.
“It was chaos,” Joines said.
On the recording, which was created by Joines at the scene, one patron informed the deputy about bullet shells located on a pool table inside the bar. However, Joines said he did not recall hearing the man inform him of the evidence.
“I hear it on the tape,” Joines said. “But it would be like picking something up if this whole room was yelling at you.”
Joines testified patrons were agitated and hostile toward officers in the wake of the shooting.
The CD continued to play, with various voices yelling at officers on the scene to hurry up.
Joines said a man was yelling at Fruitland Police Department Officer David Bruseau who was assisting Flores inside the bar. However, Joines hesitated to arrest the man because it might further incite the patrons.
Bruseau testified he was with Flores for 10 to 15 minutes before an ambulance arrived.
“It felt like forever,” he said.
Bruseau said Flores was partly under a table and was bleeding from the nose and mouth, but he could not see a bullet entry.
“If I didn’t know he was shot, I wouldn’t have been able to tell,” he said.
Bruseau said an unidentified woman approached him when he arrived and said there was a shooting.
He also said Flores was able to answer questions verifying that he had chest pain and trouble breathing, but did not say much else.
After paramedics arrived, Bruseau testified that he asked members of the crowd what happened but did not get any names or addresses.
“It was lack of experience,” he said.
Bruseau and Joines heard a person yell the shooter was exiting the bar, which led them to pursue the subject.
However, Bruseau said he knew the people who exited the bar and released them.
“They’re just not the type of people who engage in that type of activity,” he said. Bishop had further questions for Bruseau regarding the audio recording but said the questions could wait until court reconvened today.
