FRESNO, Calif. (KFSN) -- A Fresno man was caught on camera running away from a double shooting with the murder weapon in his hand. But he says he isn't the one who killed father and son -- Tony Torres, Jr., and Tony Torres, Sr.
Michael Rincon, 23, admits the video shows him holding the 9mm semiautomatic that killed the two men in June 2013. And three other people pinned him for the crime, but Rincon says he's not the shooter.
The camera cut off his head, but Rincon's presence in the video from Fresno Ag Hardware is clear.
"The defendant, white shoes, pants and a gun in his hand," said prosecutor Jeff Dupras as he described the features identifying Rincon in the video for jurors in his murder trial.
By the time the camera caught him running away, two men were dying from gunshots to the head. Fresno police say Rincon was a known gang member who had beef with Tony Torres, Jr., the 22-year-old who was the intended target. But Rincon's attorney says someone else killed the father and son.
"Carlos Flores is the person who shot and killed Tony Torres, Jr. and Tony Torres, Sr.," said defense attorney Doug Foster.
Rincon is clearly leading three teenage boys in surveillance video from other stores in the strip mall at First and Gettysburg. You see Carlos Flores bringing up the rear as they walked to the spot where the Torreses were parked.
Rincon admits the gun was in the back of his pants as they arrived. But Foster says it was the teenager who fired it.
"Carlos comes up behind Michael, pulls the gun out from the back of Michael's shirt, wraps his T-shirt around his hand, fires three shots into the car and then throws the gun," he said.
Police caught Flores shortly after the shooting and testing showed no gunshot residue on his hands. He and the two other teens all told police Rincon was the shooter and prosecutors say the case really is that simple.
"He walked up to that vehicle with that 9mm semiautomatic handgun and he fired three times into the head of Tony Torres, Jr. and through the head of Tony Torres, Sr., killing them both," said the prosecutor, Dupras.
The trial is expected to last two weeks and all the teenagers will testify. Rincon hasn't yet decided whether he will. He faces life in prison if he's convicted.