LAKEPORT — The 12-year-old son of John Robert Gray”s girlfriend took the stand Wednesday and testified about Gray”s demeanor on the days prior to, during and following the death of Eric Joaquin. The child said Gray acted “normal.”
Judge Arthur H. Mann presided. Attorney Kevin Ikuma represented Gray and deputy district attorney Art Grothe represented the Lake County District Attorney”s Office.
Gray is charged with murder and two special allegations of inflicting great bodily harm and using a deadly weapon for allegedly beating to death his then-roommate, Joaquin, with a metal bat during the early morning hours of Feb. 28, 2009.
Joaquin”s body was found on the floor of his bedroom in Gray”s Clear Lake Riviera home at approximately 9:30 a.m. on Feb. 28, 2009.
In all, three witnesses testified before the accused took the stand on Wednesday.
The defense first called Alan Lane, who described how he met Gray at a casino and later Gray brought gifts for his children when they were in need. Lane testified to the character of Gray, calling him “easy going and never mad or violent.”
The cross-exam revealed that Lane was on parole. Lane said he had a methamphetamine problem five years ago until this year. He said has not seen Gray use nor under the influence of methamphetamine.
The second witness to testify was a 12-year-old boy, whose mother was involved with Gray.
The boy said they “played” together all night, engaging in piggyback rides, playing Play Station 2 games and watching movies. The boy said Gray was acting “normal and regular.” The boy said Gray fell asleep at about 2 a.m. on the couch and that he fell asleep “after John.”
Grothe asked the boy during cross-examination why he did not attend school on Friday. The boy said he overslept.
Barbara Wallace, the girlfriend of Gray at the time of the alleged murder was recalled as the third witness.
Ikuma verified that Wallace went to Gray”s house after Joaquin was killed and cleaned the carpet. She pulled back the carpet and padding, where, she testified that blood soaked through the padding and into the sub floor. She said the larger of the blood spots was about “a foot-and-half around.”
When Gray took the stand, Ikuma asked how he was doing.
“I”ve been better,” he said. “I”m nervous, scared.”
Gray testified about his whereabouts and activities from the Wednesday preceding Joaquin”s death until the day after the discovery of the body in Gray”s home.
He said that he and “Barb partied a little,” and that she had “speed, meth, two hits, and we smoked it.”
He said he did not sleep that Wednesday night and the following day that he and Wallace”s friends were setting up a dog run. On Thursday he said he smoked “two more hits, had sex and watched movies.”
He said Friday he worked on the dog run some more and made dinner plans with Wallace for a “big elaborate dinner, steak, potatoes and macaroni and cheese.”
He said he helped her son with his homework and spent time with him because, the boy “didn”t have a father figure and just moved there.”
He was asked about, and described the clothing he was wearing that night.
Testimony was then directed to Gray”s relationship with Joaquin and how the two men came to know each other. Gray said they had a lot in common. Both liked working on motorcycles, cars and going fishing.
Years later Joaquin moved in with Gray in 2008. Gray said Joaquin had nowhere to go and he took him in.
Gray said he brought Joaquin “a console TV, two couches and a recliner.”
Gray testified that Joaquin and his sister, Winter Thomas, were always fighting over beds and that Joaquin never had a bed of his own. So he bought him a bed. When Joaquin moved in he had the clothes on his back, a duffel bag and “a hutch with Swastika on it,” Gray said.
Gray said he thought Joaquin was suicidal just before his death because he shaved his head and his face and he was “acting unusual, saying the end is near. These are my final days.”
Joaquin”s son was incarcerated at California Youth Authority and he responded horribly to learning of that, according to Gray.
On the night of Joaquin”s death, Gray said he drove home from Wallace”s house to get his dog Tesla and that he hadn”t been home since Wednesday.
He said he pulled his truck into the garage and could not find his dog. As he described the scenario, Gray began snapping his fingers repeatedly on the stand.
He said he walked right into Joaquin, who was in a pool of blood and in the fetal position.
When he saw Joaquin was dead, he said he jumped back and studied him for a little while. Gray said he thought he shot himself and went to sit on the couch, where he said he “bawled.”
Gray then began to cry on the stand, absent visible tears.
He testified that he found the dog and brought it to Wallace”s house. He said the dog was shaking, so he got the dog water and food. He said he cleaned blood from the linoleum floor that he tracked into Wallace”s home, threw the paper towel in the fireplace and then fell asleep until approximately 4:45 or 5 a.m. when he took the dog outside for a walk because it was “breathing erratical.” (sic).
Gray slept until a friend came in and told him the police were at the house. He testified that Wallace answered the door.
He said he didn”t call the police himself because “it was not a 9-1-1 call.” He said Joaquin “wasn”t breathing. He was dead and there was nothing they could do.” He reiterated that he thought Joaquin shot himself.
Gray described a suicide of a former neighbor and how he responded by calling the non-emergency number rather than 9-1-1.
Gray voiced his dislike of Corey Paulich of the Lake County Sheriff”s Office and the origin of the hard feelings he had toward him stemming from an incident when Paulich confronted Gray on a motorcycle asking about safety equipment.
Grothe questioned Gray”s perception when he was under the influence of methamphetamine, to which Gray replied, “Does it mess with yours?” And added, “meth doesn”t mess with your perception of time. I hardly used meth.”
He said he gained weight because he”s “been locked down for 20 months with no exercise and lousy food.”
He was asked if he understood the questions Paulich asked during interrogation.
“Meth didn”t have effect on understanding. I was confused because of him (Paulich).”
More testimony was heard regarding articles of clothing, including the whereabouts of Joaquin”s jean jacket.
Grothe asked Gray about sweatpants he was wearing on the day of his arrest and how he got blood on the top of his shoes.
Gray said he believed he walked into Joaquin?s head with both feet the night he found him.
Photographs, as well as the sweatpants, were presented as evidence.
Gray said he threw a paper towel with blood on it into the fireplace because there was no trash can in the kitchen. A photo presented as evidence showed an image of the kitchen with a trash can.
The day concluded with Thomas” previous testimony read by an approved reader for the court, as Thomas was unable to appear. The trial resumes at 9 a.m. today in the Lake County Courthouse in Lakeport.
Mandy Feder can be reached at mandyfeder@yahoo.com or call directly 263-5636 ext. 32.
