Opening statements were heard Tuesday in Clark County Superior Court in the trial of a Vancouver man accused of shooting and seriously wounding his one-time best friend.
The prosecution alleges that Jose “Nica” Gasteazoro-Paniagua shot Jose Muro five times — including once in the forehead — while Muro was shelving beer in the back of the Bi-Lo Market on Dec. 30.
The defense says the state’s attempted murder case is based entirely on “supposition.”
“This case is not the facts: not the incident, but what Jose’s (Muro) family thinks happened,” Charles Buckley, who is representing Gasteazoro-Paniagua, told jurors. “They weren’t there.”
Deputy Prosecutor Kasey Vu conceded that there is no direct evidence in the case, but he told jurors that testimony and cell phone records will make clear that Gasteazoro-Paniagua shot Muro amid the fallout of their broken friendship.
“This was not an accident,” Vu said. “He pulled out his gun and unloaded into his best friend.”
The motive, according to the prosecution, was a rift over a woman who had an affair with Gasteazoro-Paniagua while she was dating Muro’s younger brother.
The trial in Clark County Superior Court Judge Rich Melnick’s courtroom is expected to last two weeks.
In his opening statement Tuesday, Vu said security footage from the Bi-Lo Market, 8725 N.E. Highway 99, would show a man with a stocky build wearing a dark-colored hooded sweatshirt, a dark beanie and dark pants.
“The person depicted in the video is very similar to the defendant,” he said, pointing to Gasteazoro-Paniagua, dressed on Tuesday in a neatly pressed gray shirt and black pants.
Defense attorney Buckley said during his opening statement that the video would not be enough to identify Gasteazoro-Paniagua as the perpetrator of what he called a “horrendous shooting.”
“The victim, (they were) longtime friends, 13 years, couldn’t identify the shooter,” he told the jury.
The case could hinge on the testimony of a jailhouse informant who told police that Gasteazoro-Paniagua had confessed details of the shooting over six weeks of conversations inside the Clark County Jail.
Garold T. Jacobsen will be called on by the prosecution to testify that Gasteazoro-Paniagua told him he would show him a picture he took in a bathroom while he was holding a .45 caliber gun. Prosecutors say it’s the gun that was used to shoot Muro.
Jacobsen told investigators Gasteazoro-Paniagua said Muro had frantically waved his hands in front of him as he backed away from the gun inside the market, as if he could deflect the oncoming bullets.
“The defendant said he thought that was sort of funny,” said Vu, relaying conversations described by Jacobsen.
Prosecutors said Jacobsen and Gasteazoro-Paniagua were family friends, which led them to share details of their respective cases.
Buckley, meanwhile, said Jacobsen seized on his association with Gasteazoro-Paniagua to gain “advantage” with authorities. Jacobsen is one of six charged in connection with the robbery and slaying of Vancouver resident Charles N. Moore.
“Credibility: that’s the issue,” Buckley said.
Gasteazoro-Paniagua was arrested in Yakima on Jan. 6, a week after the shooting. On the night of the Dec. 30 shooting, Vu said, cell phone records show Gasteazoro-Paniagua left Vancouver for Portland. He used a false name and a fake ID during stays in motels in Wilsonville and Woodburn, Vu said.
The ID and a cell phone were recovered when police took Gasteazoro-Paniagua into custody. The picture described by Jacobsen was saved on the phone, Vu said.
When he was arrested, Gasteazoro-Paniagua told police he knew Muro had been shot, according to Vu.
Buckley told the jury his client didn’t leave because he was fleeing police. He said that when Gasteazoro-Paniagua learned Muro had been shot, he didn’t return because he was concerned about possible punishment for possession of a firearm. Gasteazoro-Paniagua has a prior conviction for a “serious offense” that precludes him from owning or possessing a firearm.
“If he was fleeing, he could have gone to California or Nevada,” Buckley said. “He went to Yakima.”
Buckley said a woman who had left the store and was a block away by the time of the Dec. 30 shooting identified Gasteazoro-Paniagua as the gunman after spending 30 seconds examining a line of photos.
Buckley emphasized the woman wasn’t inside the market at the time of the shooting and told police she was “70 percent” certain of the identification.
“We have a significant amount of maybes, might-ofs and could-bes,” Buckley said. “But, as Mr. Vu indicated, there’s no direct evidence.”
Bob Albrecht: 360-735-4522 or bob.albrecht@columbian.com.
