2:25 p.m. update
The prosecution and defense have rested in the murder trial of Hector Saul Ramos, an 18-year-old accused of killing Fabian Rodriguez in March 2015.
Ramos did not testify.
Closing arguments are expected to begin later this afternoon.
Original story
FAYETTEVILLE -- Defense attorneys say a Springdale teen charged with first-degree murder and two counts of battery related to a fatal shooting in March 2015 was acting in self-defense but prosecutors say he went too far.
Police found Fabian Rodriguez, 18, of 2406 Trudi Place with a gunshot wound in the yard of 32 Applegate Drive March 13, 2015. Rodriguez was pronounced dead at Northwest Medical Center-Springdale.
Legal Lingo
Arkansas has discretion whether to charge a youth with an offense in juvenile or adult court if the youth is at least 16 and alleged to have committed an offense that would be considered a felony if committed by an adult.
Source: http://njdc.info
Savannah Smith, 21, and Juan Araujo, 14, arrived at the hospital with gunshot wounds shortly after the shooting, Springdale police officers testified Monday. Police have described the shooting as gang-related.
Hector Saul Ramos, 18, pleaded not guilty to all charges. Ramos was 17 when he was arrested. Prosecutors chose to charge him as an adult. His trial before a jury of eight women and four men started Monday in Washington County Circuit Court.
Documents filed leading up to the trial argue Ramos was acting in self-defense when several individuals came to his home about 3 a.m. Evidence is expected to include a machete and a four-foot iron pipe left at the shooting scene along with knives and clubs found in subsequent searches.
In opening statements Monday, Justin Hurst, representing Ramos, told jurors Ramos was awakened by people outside his apartment banging on the window and threatening him. Ramos' mother, two younger brothers and baby sister were in the apartment.
"It is not disputed that Hector Ramos pulled the trigger of that .357 handgun shortly after 3 a.m.," Hurst said. "Hector Ramos was protecting himself and others in his home. They came to maim, kill and cause serious damage. He stopped the threat."
Ramos fired a gun through the open window three times and hit two people, police said.
But, the incident didn't end there. Ramos chased the teens and fired more shots, police said. He shot into a car where Smith was waiting in the driver's seat, according to police.
The seven-shot, .357 caliber Tarus revolver Ramos used was later found thrown down a storm drain about 50 yards from his apartment. Ramos told police at the scene the gun "did not exist." The machete was found in the yard near Rodriguez, according to police.
John Snyder, assistant prosecuting attorney, said in opening statements there's no dispute Ramos shot and killed Rodriguez and shot and wounded Smith and Araujo.
"This case is about crossing lines. Fabian Rodriguez, Savannah Smith and Juan Araujo did not cross a line," Snyder told jurors. "This defendant did cross a line as to Fabian Rodriguez, Savannah Smith and Juan Araujo."
Araujo, who was shot in the left forearm and shoulder, testified Monday he and Rodriguez went to Ramos residence to fight with him because Ramos had been in a fight earlier with one of their friends. Araujo said he didn't know his friend's last name and didn't know what the earlier fight was about.
Hector Trejo and Ulises Manjarrez also went along, Araujo said. After breaking into a convenience store and stealing beer, the group drove around a while before going to Ramos' apartment, he said.
"We wanted to get down. We wanted to fight," Araujo said. "We told him to come out and fight with us. That's it."
Araujo said Rodriguez was about three feet from Ramos' window on the back side of the apartment and he was behind Rodriguez when a light came on and shots rang out. He was hit once as he ran for the car and was shot again when he reached the parking lot. Rodriguez was found in Ramos' yard.
Neither had a gun, according to Araujo. But, blood and the four-foot pipe were found in the parking lot.
"You took this to go bash his face in and you don't know what Fabian Rodriguez was gonna do with a two-foot machete?" Hurst asked Araujo on cross examination.
"Whatever came to mind," Araujo said.
Trejo, 17, of Rogers is in jail charged in an unrelated case with capital murder in the stabbing death of Eliazar Torres, 21, of Springdale who was stabbed twice in the neck during an early morning altercation at the Scottish Inns & Suites on Jan. 10. Manjarrez, 19 is charged with aggravated residential burglary in connection with that fight.
Ramos faces 10 to 40 years or life in prison if convicted of first-degree murder. The battery charges carry prison terms of five to 20 years each.
Ramos is being held in the Washington County Juvenile Detention Center on a $250,000 bond.
Arrangements have been made for interpreters for non-English speaking witnesses and for a sign language interpreter for Smith. Circuit Judge Joanna Taylor is hearing the case which is expected to last five days. Court begins at 9 a.m. today.
NW News on 05/03/2016