Joey Lopez and Christopher Gonzalez were both arrested in the death of a beer delivery truck driver in December. Lopez is accused of shooting Richard Hernandez three times.
Prosecutors showed store surveillance video and police monitoring video from the corner of Palm and Belmont at a preliminary hearing Tuesday. But their best evidence could be the testimony of the man who admits he drove the getaway car. Three muzzle shots lit up the morning in grainy surveillance footage from the gas station.
Richard Hernandez was unloading his Coors Light delivery truck when the gunshots caught him by surprise and killed him. Police say Joey Lopez pulled the trigger and Christopher Gonzalez was the driver who sped away after the shooting.
When officers caught the suspects, Gonzalez told them there was no motive. He was using the pay phone and the shooting surprised him as much as it did Hernandez.
"Just as he was getting ready to pick up the receiver, he hears gunfire behind him -- 3 shots," said Fresno police homicide detective Todd Fraizer. "He looks back and sees Mr. Lopez at the back of the delivery truck that was parked there, shooting in a westerly direction."
Lopez showed up a few hours later, crying on a stranger's porch. Police found the murder weapon hidden in the bushes nearby. But Lopez's attorney says it's possible Gonzalez was the shooter. And, despite his calm demeanor in court, she says Lopez is the poster child for mental health problems that could complicate the case.
"The day before this shooting, he was entered into the 5150 [psych] unit at University Medical Center," said Kathy Marousek. "He was taken by ambulance with 4-point restraints. He was completely incoherent. They released him a few hours later and the homicide happened a few hours after that."
Marousek says she might have him plead not guilty by reason of insanity. He's scheduled back in court next month. Gonzalez is expected to become a witness against him.
