51-year-old David Moreno appeared in court cuffed and in an orange jumpsuit, facing a Madera County judge for the first time since the shooting death of 38-year-old mother of four Brittney Harris.
Dispatch scanner traffic confirmed Harris' murder once she died at the hospital, where she was taken after being shot in a Denny's parking lot near Avenue 18 and 1/2 and Golden State Sunday morning.
The Madera County Sheriff's Office later confirmed they arrested Moreno, who officials say had fled in a white Toyota RAV4.
In court Tuesday, prosecutors claimed there was evidence that the murder was premeditated.
"He was trying to flee in a vehicle that wasn't, one, registered to him, and he has his own vehicle, and he used a rental to meet with the victim," said the prosecution.
Despite that case, Moreno's attorney denied the charges.
Previous court records from Merced County show that Moreno has an alleged history of violence dating back to 2016.
It includes claims of physical and verbal abuse, stalking, and violating court orders to protect Harris.
But the violence was not isolated to Harris alone.
A 2018 mugshot shows Moreno after he was arrested for shooting into a home and injuring a person inside.
He was convicted in 2020 and sentenced to five years in prison.
But the Madera County District Attorney says that while Moreno's alleged history of domestic violence can be used in his upcoming trial, details of the 2018 shooting may not be allowed.
"That seems relatively unrelated and likely to be excluded. There's a million permutations of this and that's why these things get litigated in each individual case before the trial," said Madera County District Attorney Sally Moreno.
As the case moves forward, the DA says it could be difficult to prosecute due to the complicated nature of domestic violence relationships, but that their prosecution will continue to fight for justice.
"Victims need to stand up. And we need to listen to what they say and provide them with alternatives and ways out," Sally Moreno said.
David Moreno will return to court for his preliminary hearing on September 10.
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