FRESNO, Calif. (KFSN) -- A second jury is hearing the case against Jorge Rodriguez and the defense is hoping they believe their theory that he was just an innocent bystander.
His alleged accomplice was found guilty earlier this year, but jurors couldn't reach a unanimous decision on Rodriguez, so a mistrial was declared.
Rodriguez is accused of killing Jose Duenas and Calvin Reese Junior in Southeast Fresno four years ago.
Prosecutors say he and his friend, Gus set out to rob people before the murders took place.
Jorge Rodriguez told detectives he was at the crime scene that night, but he changed his story several times. Prosecutors say four people know what happened, two of them are dead and the other two are incahoots.
Prosecutors say Jorge Rodriguez has been an inconsistent storyteller, changing his version of events several times. But they are hoping a newly seated jury believes that he and his friend, Gustavo Duenas set out to get a few quick bucks- when it evolved into two murders on Balch and Winery.
Deputy District Attorney Brian Hutchins said, "So his first two stories he's remained in the car. Third story now he's placed himself getting out of the car and as he gets out of the car, he starts going up to where the gunshots had occurred and he sees Gustavo, his friend."
Gustavo's own father, Jose was one of the two people who died outside of his apartment complex, along with another man, Calvin Reese.
The defense says a lone witness who saw the shooting unfold-will testify to clear up any misconceptions about where Rodriguez was at the time of the shooting. The blame- is being shifted to the victims.
Defense Attorney Richard Esquivel said, "When asked bluntly did it look like they shot each other and he said yes. When asked were there any other individuals around he said no."
During an interview after the crime, Rodriguez admitted to officers he was there. But his attorney said no one ever saw him with a gun.
"He ran up after, yes. This is what happened. And Mr. Duenas, the young Mr. Duenas did run up to the body according to a witness- kicked it. Spit on him."
Rodriguez is facing two counts of second degree murder with a gun enhancement.
The trial will continue on Friday.
Second jury hearing double murder case against Jorge Rodriguez