Witnesses testify against man accused of killing his girlfriend's ex-husband during custody exchange

FRESNO, Calif. (KFSN) -- In early July, 43-year-old Augustine Velasco was murdered outside of his son's apartment in Central Fresno during a custody exchange.

Velasco's ex-wife and her 25-year-old boyfriend James Dean had the granddaughter that day and family members say the fight started when his ex-wife would not give their daughter her child back. The mother claims she has raised the baby, but did not have custody of her.

"My dad got out the car because I went back to the car crying and my dad never liked to see me cry."

Velasco's daughter says her dad went to talk to her mom to try getting her daughter back--name calling started and Dean got involved.

His daughter says once Dean called her a vulgar word that is when the confrontation between him and her dad began. She says she tried to tell her dad they should leave but could not get him to.

Moments later she saw the gun in Dean's hand.

Velasco's daughter remembered the moment she saw Dean shoot and kill her father right in front of her. Dean showed no emotion in court.

"How many shots did you hear?"

"Just one."

"What happened next?

"I ran to my dad."

Velasco's son's girlfriend says she was with Dean earlier that day and testified she saw him carrying the gun and has seen him carry the weapon at least once before.

Velasco's ex-wife said in court she is no longer with Dean and told him during the confrontation not to do anything to her children's father, but could not stop him.

"I'm screaming no and I'm going to where they're at and I was just screaming no."