Story changes about double murder in Fresno

FRESNO, Calif. (KFSN) -- The story has changed for one of three witnesses to a double murder in Northeast Fresno last year. Tony Torres, Jr., and Tony Torres, Sr., were gunned down while sitting in their SUV.

The 18-year-old originally told police his brother wasn't even there when the shooting happened. After a lengthy interview, he still wouldn't say he saw his brother do it, but admitted that's how it looked at the time. Now he says it was all a lie, and the truth is that another guy pulled the trigger.

The surveillance video is hard to challenge, but that's exactly what Michael Rincon has to do. Various store cameras caught the 23-year-old leading a group towards the parking spot where a father and son were shot to death.

Seconds later, a Fresno Ag Hardware camera shows Rincon running away, murder weapon in hand. But Rincon's younger brother was part of the group and he says the guy in the back of the pack, Carlos Flores, ran to the front and committed the double murder.

"I seen him pull the gun out of a back pocket and fire it, like multiple times," he said.

We're not allowed to identify the brother but he says Flores threw the gun right after the shooting and Rincon picked it up again. That's why you see him holding it. After they ran away, he says Flores took the gun back and used it to threaten everyone to stay silent.

"I remember him saying like 'If you tell anybody I'll kill you and your family,'" the teen testified.

Police caught Flores within the hour and tested him for gunshot residue. None was found. He told investigators Rincon was the killer -- a story more or less backed up by the other two boys in the video.

Flores stayed with the same story at trial, but Rincon's brother has changed his tune. He says he was scared of Flores, so he lied to police.

"Is Carlos in jail?" asked the prosecutor, Jeff Dupras.

"No," said Rincon's brother.

"Is Carlos dead?" Dupras asked.

"No," the teen said.

"Is Carlos out in town and around?" asked the prosecutor.

"Probably," Rincon's brother said.

The prosecution has just about wrapped up its case. Rincon's defense attorney tells ABC30 he's still not sure if his client will testify in his own defense.