An off-duty Santa Clara County sheriff’s deputy and his son told
jurors in Friday’s opening arguments of the Anthony Frausto murder
trial that although they could not identify the shooter, they
witnessed the fatal Sept. 30, 2005 shooting. On Monday, as the
trial continued, jurors also saw a DVD of Frausto’s interview with
police.
San Martin – An off-duty Santa Clara County sheriff’s deputy and his son told jurors in Friday’s opening arguments of the Anthony Frausto murder trial that although they could not identify the shooter, they witnessed the fatal Sept. 30, 2005 shooting.
On Monday, as the trial continued, jurors also saw a DVD of Frausto’s interview with police.
Frausto, 19, is accused of murdering Luis Bautista, 19, of Gilroy, in the gang-related shooting. He was arrested Oct. 2, 2005 and has been held in custody without bail since that time.
The trial will continue today, with more testimony from witnesses called by the prosecution.
Deputy Michael Paresa, Sr., and his son, Mike Paresa, Jr., told jurors Friday that they were coming from the Safeway gas station in Tennant Station shopping center at approximately 9pm the night of the homicide. They cut through to the rear of the shopping center behind the Safeway grocery store and JoAnn’s Fabrics when they saw the confrontation that led to the shooting.
According to Paresa, Sr., he noticed six to eight males in their late teens or early 20s walking west in the driveway area behind the stores. A white pickup truck drove around his Toyota Corolla and stopped in front of the other group. Four or five males jumped out of the pickup truck, one of them allegedly grabbing a broom handle from the back of the truck.
Paresa said the groups walked towards each other until they were approximately 10 feet apart, then both groups stopped. He told jurors they appeared to be yelling things at each other and gesturing, though he could not hear what they were saying. As he watched, he saw a muzzle flash and heard a loud bang, then more shots followed. He said he could not identify the shooter.
Bautista was taken by vehicle to Saint Louise Regional Hospital, and later flown by helicopter to Regional Medical Center in San Jose, where he later died.
Paresa, Jr., told jurors he did not have as clear a view of the situation as his father because he was forced to look around his father, who was in the driver’s seat, to see out the driver’s side window. He also said there may have been some “pushing and shoving” before the shots rang out, though his father said the groups never physically touched.
Jurors also heard testimony from Santa Clara County Coroner’s Office forensic pathologist Joseph O’Hara, who performed the autopsy on Bautista. He described, at the request of Deputy District Attorney Stuart Scott, the damage caused by two of the three bullets that struck Bautista as they traveled through his body.
The damage caused by one of the bullets, O’Hara told jurors, could have been fatal without medical treatment. The bullet entered Bautista’s body in the lower abdomen and exited his lower back. A second bullet, which entered Bautista’s side under his arm and was lodged inside his body, caused fatal damage, O’Hara said.
Jurors were shown pictures on a projection screen of Bautista’s lifeless body on the autopsy table, as well as pictures of the entry and exit wounds.
Frausto’s mother and family members were in the courtroom Friday and Monday, but declined to comment at this time. Frausto’s mother said she is “just trying to get through each day,” but will comment later.
On Monday, jurors were shown a DVD of Frausto’s interview with Morgan Hill police Cmdr. David Swing, who was Special Operations sergeant at the time, and Det. Kevin Beilmann.
Frausto told officers he was contacted by his mother and told to go to the police station because they wanted to talk to him. He initially denied involvement in the shooting, as Swing and Beilmann told him they had received information that he was the gunman.
Later during the interview, there is a 22-minute section that the video is still working, but the audio is not. During that time, Frausto allegedly confesses, saying “I did it,” as Swing is preparing to use a gunpowder kit on his hands.
Swing testified Monday that the entire system in that interview room was later replaced because “a technician could not diagnose or replicate that problem.”
Frausto appeared emotionally distressed during that portion of the tape, keeping his head down on the table for much of the time, apparently sobbing at times.
