FAYETTEVILLE -- A Lowell man charged with shooting two people in Springdale more than two years ago acted in self-defense after being confronted by a known gang member, his attorney told a Washington County Circuit Court jury Wednesday afternoon.
Franklin Antonio Soto-Ramos, now 23, is charged with one count of capital murder and one count of attempted capital murder the shooting in a McDonald's parking lot around 3 a.m. June 22, 2019.
Police officers were flagged down at the Kum & Go, 1260 E. Robinson Ave., and were told there was a shooting in the nearby McDonald's parking lot, according to a news release from police.
Police found Alexander Ascencio, 18, and Juan Carlos Bahena-Garcia, 20, with gunshot wounds in the restaurant's parking lot. Ascencio was pronounced dead at the scene, while Bahena-Garcia was taken to a hospital with life-threatening injuries.
"What we are left with is a fight and four shots," Prosecutor Matt Durrett told jurors in his opening statement. "I think you will find that the four shots were not justified."
Durrett said Bahena-Garcia ran his mouth and punched Soto-Ramos' brother in the face but Ascencio did nothing during the altercation.
"This defendant, after Juan punched his brother, got a gun and opened fire," Durrett said.
Ascencio was struck by one bullet which hit him in the right side of the chest and passed through both lungs, his heart and exited his back. Bahena-Garcia was hit multiple times in the abdomen and right arm, Durrett said. Neither man was armed.
By contrast, David Hogue, one of the attorneys for Soto-Ramos, said his client has never denied shooting Ascencio and Bahena-Garcia but didn't want to shoot the two men.
"It's a case of self-defense," Hogue told jurors. "We believe Franklin did so to protect himself. It's sad somebody died; it's tragic."
Both sides agree two groups of friends both ended up at McDonald's that morning. Soto-Ramos and several friends were in the parking lot listening to music, dancing and talking when Bahena-Garcia and two other men arrived at the restaurant.
Bahena-Garcia parked, blocking the cars belonging to the other group, then got out of his car and approached them, asking what their gang affiliation was while beating his chest. They answered none, but Soto-Ramos' brother apparently flipped Bahena-Garcia off. Bahena-Garcia punched him. Soto-Ramos got a gun from his car and started shooting.
Bahena-Garcia testified Wednesday he thought the other group was looking into his car and when he rolled the window down, things escalated.
Bahena-Garcia said he was in a gang at the time, as were others with him, and he wanted to show he was a tough guy and see what gang the other group belonged to. Bahena-Garcia said someone in the other group flashed a sign he didn't know.
Bahena-Garcia said the other group was yelling at his group before he got out of the car.
Police said there was no indication Soto-Ramos or members of his group were gang members.
Soto-Ramos and his group fled the scene before police arrived.
Soto-Ramos was tracked through Missouri, Illinois and Indiana by pinging a cellphone belonging to Soto-Ramos' girlfriend, who was with him. Police believe Soto-Ramos was trying to reach family in Indiana.
Hogue told jurors Soto-Ramos fled because he was afraid gang associates of Bahena-Garcia would retaliate against him.
Soto-Ramos was arrested outside Indianapolis and the gun used was found in the trunk of his car, according to Springdale police. He was returned to Northwest Arkansas and jailed, where he has remained since.
Soto-Ramos also faces a battery charge related to an altercation in the jail last year.
The trial is expected to resume this morning at 9 a.m. before Circuit Judge Mark Lindsay.
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Self-Defense
The use of force to protect oneself from an attempted injury by another. If justified, self-defense is a defense to a number of crimes and torts involving force, including murder, assault and battery.
Source: Cornell Law School