Witness: No tension in bar the night of shooting
By Katie Pizza
Argus Observer
Thursday, May 22, 2008 11:02 AM PDT
Payette — A bar patron who asserted he witnessed a deadly 2006 shooting in Fruitland testified in the murder trial of Hector Brito Almaraz Payette County court Tuesday.
Almaraz was arrested and charged with first-degree murder in connection with the shooting death of Gabriel Flores, 28, at the Club 7 bar in April, 2006.
Matthew Grover, 19, who said he was never a member of the gang, testified he did not believe there was tension in the bar before a melee allegedly broke out between Flores and Almaraz just before the deadly shooting.
However, he said he knew there would be a fight when former BMC member Tommy Salazar asked him to back up Almaraz.
“I stood behind Gabriel,” he said.
Grover said he did not recall what started the brawl.
Prosecuting attorney Anne-Marie Kelso played a taped interview that took place between Grover and Fruitland Police Department Capt. J.D. Huff a few days after the shooting.
“I was standing right behind Gabriel,” Grover said on the audio tape. “I didn’t hear anything they were saying. Then, all of a sudden, Puppet hit him.”
As Kelso continued to play the audio, Grover told Huff he believed Almaraz would learn about witness statements given to police and would find the people responsible for them.
“Because Puppet is like the leader of the gang,” Grover said on the tape. “Puppet is going to get that statement and say ‘you guys go find them,’ and they are going to go find them.”
Defense attorney Van Bishop, though, pointed out that there were no facts or evidence that indicated Almaraz was the leader of the gang.
Grover insisted he was not afraid of the gang, but Kelso asserted otherwise as the interview continued to play.
“(Expletive’s) going to happen,” Grover said to Huff in the taped interview. “You can’t stop it or you would have stopped it that night. It may not be today, it may not be tomorrow. It may not be in five years, but it’s going to happen.”
Grover said he was not afraid of the gang, but of police, who he said told him they would incarcerate him.
“They said they were going to put me away until I was 25,” Grover said.
Grover also testified about his actions the afternoon before he went to the Club 7.
He testified he gave Salazar a ride to a home in Nampa.
Bishop asked what happened next.
“He got his belongings,” Grover said. “He put his clothes in the backseat and a gun under the passenger seat.”
Grover said Salazar informed him the handgun was a Glock. He then testified he drove Salazar to see Salazar’s girlfriend.
“He took the gun with him?” Bishop asked.
Grover said yes. Grover elaborated and said Salazar put the pistol in his waistband. After they left Nampa, he said Salazar asked him to take the Fruitland exit in order to go to the Club 7. Grover said Salazar talked to him about the gun.
“He asked me if he should bring it in or not,” he said. “I said ‘That’s up to you.’”
He said he could not remember if Salazar brought the weapon into the bar.
“I believe Tommy grabbed it,” he said. “But I’m not 100 percent sure.”
Kelso said she interviewed Grover Tuesday night. Kelso asserted Grover told her during their conversation he did not see the gun after the two left Nampa.
“You’re guessing,” she said. “You said you believe you saw it, but you never saw it after you left Nampa.”
Grover also testified Almaraz asked him for rolling papers to smoke marijuana once they arrived at the bar.
“I said I had some in my car and gave him my keys,” he said. “And he went out to my car.”
The jury also heard from Juan Jimenez, a former BMC gang member known as Loco, who was arrested with Almaraz.
Jimenez testified he went to the car with Almaraz on the night in question to get rolling papers for marijuana.
He also said he did not feel tension in the bar when he returned.
Defense attorney Nancy Callahan asked Jimenez, who is currently incarcerated, about his gang involvement. Jimenez said while he was convicted of crimes such as aggravated battery and assault of a public safety officer, those crimes were not in connection with BMC.
“Those are my own crimes,” he said.
He then testified about the color scheme of BMC — Brown and Blue.
“Brown is for Latino,” he said. “Our culture. The blue is just blue.”
He said he would not attack someone based on the colors they wear. However, whether that would be true for someone else varied.
“Depends on what part of town,” he said.
Court reconvened at 9 a.m. today.
