The primary target of a quadruple drug hit in San Bruno more than two years ago had his hands bound behind his back with plastic ties and was forced to kneel before a trio of bullets tore through his brain.
"He died because he had three gun shot wounds in his head," testified Dr. Peter Benson, the forensic pathologist who autopsied the body of 21-year-old Javier Vaca.
Three of Vaca's friends died in similarly grisly fashions Jan. 11, 2002 in an Evergreen Ridge apartment. Benson detailed each death yesterday, recounting the same testimony he offered during the first trial of 24-year-old murder suspect Alfredo Valenzuela. In June, Judge Stephen Hall declared a mistrial after prosecutor Al Giannini tried calling a surprise witness.
Whether that witness will be used during this trial is still unknown; the other witnesses, like Benson, are a repeat performance of the earlier attempt to convict Valenzuela on four counts of first-degree murder.
Four men are accused of killing the four victims but attorneys for both sides agree Vaca was the main focus of the murder and robbery. Valenzuela admits going to the apartment with deceased ringleader Jorge "Chico" Hernandez but claims he didn't know Hernandez wanted revenge on Vaca over a hefty drug debt. Giannini wants the jury to believe Valenzuela not only knew of the plan before the four men drove from Southern California to San Bruno but also turned up the stereo to mask the shooting.
Mark Hachman, a neighbor of the apartment, testified yesterday morning about hearing popping noises and loud rap music during the afternoon of the murders.
Vaca died quickly as "the bullets tore up the brain pretty much and fractured the base of the skull," Benson testified yesterday. Vaca also choked on his own vomit as he died.
Vaca, Jose Alberto Munoz-Lopez, 21, and Roberto Ramos-Guerro, 18, had their hands tied with plastic zip ties before they were shot. Emilio Alba-Flores, 20, was also fatally shot five times but was unbound and appeared to be fleeing when he fell.
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Alba-Flores also had a one-inch cut on his head, possibly from the butt of a gun, Benson said.
Valenzuela, wearing a light gray suit, listened to the first full day of testimony with his chin cupped in his hands. The posture mimicked many of the jurors who didn't appear to take many notes but watched intently as Benson outlined the gruesome deaths.
Along with Valenzula and Hernandez, Raul Campos, 20, and Lazaro Perez are thought to have killed the four men. Four different guns were used but never recovered. Perez and Hernandez fled to Mexico after the killings where Hernandez was shot himself in a gunfight. Campos begins trial later this year.
Even if Valenzuela's claim that he never fired a weapon is true, he can still be found guilty of four counts of first-degree murder under California law. All prosecutors must prove is he was aware of the killing, he did nothing to sway the other killers and he participated in the felony robbery during which the murders happened.
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