Closing arguments on both sides in a complex Fresno murder case being heard by two juries

Friday, February 23, 2018
Closing arguments on both sides in a complex Fresno murder case being heard by two juries
The two sets of jurors have been separated this week as closing arguments went underway for each defendant.

FRESNO, Calif. (KFSN) -- The two sets of jurors have been separated this week as closing arguments went underway for each defendant.

Thursday afternoon jurors listened to evidence against Jorge Rodriguez.

"It's not plausible, it didn't happen," said attorney.

Rodriguez is the man accused of working with Gustavo Duenas to commit robberies that ultimately led to the death of two men.

RELATED: Closing arguments begin in rare murder trial involving two defendants and two sets of jurors

The double homicide happened on a December night in 2014. Rodriguez is the man accused of firing the shots that killed his accomplice's father, along with an innocent man they planned to rob. Who happened to have no wallet on him.

"After he realizes this, Rodriguez kicks at the body, spits at the body, calls him a vile name," said attorney.

RELATED: Witnesses testify against suspects accused of killing 2 men in SE Fresno back in 2014

The gunfire left Calvin Reese and Jose Duenas lying dead in the street and because of one witness physical description of the man seen standing over Reese's body with a gun, the prosecutor tied Rodriguez to that description.

Rodriguez's attorney says that is not the case and despite what that witness saw, another witness said they thought it was the victims who shot each other--hugging, and then firing shots.

But the prosecutor showed why he believes that witness mistook what he saw due to panic.

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He brought up autopsy pictures of both victims, and says based on their gunshot wounds. They could not have shot each other because there was no stippling--which is blackening that appears around gunshot wounds if the person struck is shot within 36 inches of the gun.

Rodriguez's attorney does not believe the victims were hugging either but he does come up with another scenario he believes could have happened between them.

RELATED: Fresno man charged with father's murder led police to person he says actually pulled the trigger

"Mr. Duenas ran up with a bar, he knocked the gun out of Mr. Reese's hand, he picked it up and he was able to get a shot off before Mr. Reese took it away then Mr. Duenas would have turned to run away and that's when he shot facing the other direction," said attorney.

The jury is left with both scenarios to debate. Deliberations are already in process for Gustavo Duenas.