Trial in 2020 murder winds down, defense raises concerns with evidence submission

FRESNO, Calif. (KFSN) -- The debate heated up in the courtroom as the trial wound down.

"And in that portion of the discovery, there is not one, but two videos," said Roberto Dulce, Defense attorney.

Damion Salinas is charged with murder in the August 2020 shooting of Joshua Thao.

On Tuesday, the prosecution presented surveillance videos they say show the seconds leading up to the shooting -- and the moment the trigger was pulled.

Action News was not allowed to show Salinas's face in court.

Prosecutors said 36-year-old Thao was trying to help friends involved in a car crash at Backer and Belmont.

Police said four other people connected to the other car also showed up at the wreck.

As the two groups argued, prosecutors say that then 20-year-old Damion Salinas pulled out a gun and shot Thao, killing him.

The defense has previously argued that Salinas could have feared for his life.

"Were you able to see, as to whether there was any physical altercation that took place before the shooting?" said District Attorney Kelly Smith.

"Yeah, there was not," said Detective Manuel Romero, Fresno Police Department.

"Did you see the presence of any other weapon present in the video other than the flashes from the weapon," said Smith.

"No," said Romero.

Moments after the lead detective walked through the videos step by step with the prosecutor, the defense demanded a sidebar, and the jury was sent out of the room.

Attorney Roberto Dulce argued the footage was presented as one continuous clip, when in reality it was two separate clips. He thought the jury should see them separately.

"I think it's important that it be reviewed by the jury on the way that it was received on August 16 of 2020," said Dulce.

District Attorney Kelly Smith agreed, and when the jury returned, he showed the clips separately.

After the shooting, Salinas left the area.

An arrest warrant was issued, but it took nearly two years before he was located and arrested in Mexico.

The trial began last week.

The trial wraps up on Wednesday and then it will be up to the jury to decide.

If Salinas is convicted on all charges, he faces 50 years to life.

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