Fresno, Calif. (KFSN) --As police interviewed Gustavo Duenas about a double murder his story evolved a bit over time, but he was always incredulous at being held responsible.
"How you guys gonna try to stick me with my dad's murder and the black guy's murder. That does not make sense," said Gustavo.
As flashing police lights lit up the scene of his father's death, Gustavo was not far away. Even in his first interview with police, he admitted to being there when his dad went down.
"I seen my dad on the ground, and I seen him pushing. I thought he was dead. I was just crying. I was like 'I can't lose my dad like that.'"
But Duenas claimed the other shooting victim, Calvin Reese, had a gun and might've shot his father. Investigators knew that was a lie because Jose Duenas was shot from behind.
And when they got into the phone they got from Gustavo Duenas, police said they found messages between him and another man they believe was Jorge Rodriguez.
"I don't even know him. I don't even know him," said Gustavo.
The messages discussed committing a robbery or smash and grab. Police believe Jose Duenas went up to Reese to set him up for a robbery, with Gustavo and Rodriguez as backup. And about 20 minutes into his second police interview, Gustavo named Rodriguez as a possible gunman.
"Someone else. I don't know who it was. Could've been Jorge, but I don't know, man."
Rodriguez is facing two counts of murder. And because prosecutors believe Gustavo was committing robbery with Rodriguez when the murder happened, Gustavo faces two counts of murder as well, including for the death of his father.
Prosecutors will play one final police interview Thursday, and then a judge will decide whether Gustavo and Rodriguez should stand trial for the double murder.