LAKEPORT — The three attorneys gave opening statements Friday in the dual-jury trial of two Clearlake Oaks men charged with killing a toddler and shooting other people in Clearlake late last spring.
Paul William Braden, 21, and Orlando Joseph Lopez Jr., 24, face 15 felonies, including one for murder and five counts of attempted murder, for allegedly shooting into a crowd gathered at a home on June 18, killing Skyler Rapp, 4, and injuring five others.
Braden and Lopez pleaded not guilty to all felony counts and denied dozens of special allegations, the majority of which being firearm-related charges. They remain in custody at the Lake County Hill Road Correctional Facility.
Both men are standing trial in the same courtroom but have different lawyers and separate juries.
Presiding Judge Doris L. Shockley gave both juries several initial instructions Friday at the Lake County Courthouse before the attorneys presented opening statements.
Lake County District Attorney Don Anderson gave two opening statements Friday, one to the Braden jury in the morning and another to the Lopez jury in the afternoon. The juries did not appear in the courtroom at the same time.
Anderson told jurors the evidence would show both defendants were at a party in Clearlake June 18 and Braden began arguing via phone with Ross Sparks, the boyfriend of Rapp”s mother.
Anderson alleged Braden threatened to kill Sparks and his family.
Braden then left the party for about 30 minutes and returned with a shotgun, according to the DA. Lopez grabbed hold of a different shotgun already at the house, Anderson added.
Later that evening, several partygoers heard Braden say something along the lines of, “I”m bored. Let”s go shoot somebody. I didn”t bring this shotgun to Clearlake for nothing,” Anderson alleged.
Anderson said Braden then contacted Kevin Ray Stone to drive he and Lopez to a house to commit a robbery for drugs. The person Braden allegedly told Stone he wanted to rob was a neighbor of Sparks.
All three men arrived armed in the neighborhood, but while Stone approached the home of the reported robbery victim, Braden and Lopez walked toward Sparks” residence, Anderson said.
The DA alleged Lopez shot at 10 to 15 people gathered at Sparks” home through a fence opening while Braden fired a shotgun from above the fence.
All three men then left the scene in Stone”s vehicle, drove a couple of blocks before crashing and hid their guns in bushes, Anderson said.
Stone, according to Anderson, provided most of the information identifying Braden and Lopez as the shooters.
Stone had been charged as a third co-defendant but reached a bargain in November, agreeing to plead no contest to three lesser counts in exchange for his testimony.
Anderson also alleged Braden boasted about the shooting to Daniel Ray Loyd, a fellow inmate at the county jail.
Braden”s lawyer, Doug Rhoades, asked the jurors to consider the reliability of the prosecution witnesses during the trial because some might have ulterior motives.
He argued the evidence would show only Stone and Lopez placed Braden at the shooting.
“None of the victims in this saw Mr. Braden there,” Rhoades said.
He also pointed out that Loyd, who is expected to testify, is detained at the jail because he too faces a murder charge.
“I”m telling you what to look out for,” Rhoades said.
Anderson presented a similar story in the afternoon but framed his argument more on Lopez”s alleged involvement.
The DA said the evidence would show Lopez shot into the crowd of people.
However, Lopez told Clearlake Police Department (CPD) investigators that only Braden fired shots, according to Anderson.
Lopez”s lawyer, Stephen Carter, told the jurors his client didn”t lie to CPD officers when saying Braden was the lone shooter, calling Lopez”s story a “very definitive portrayal of what happened over at the Sparks” residence.”
Carter said the evidence would show that none of the victims positively identified any of the gunmen.
He also asked the jury to weigh the credibility of prosecution witnesses, especially Stone, whom Carter said “manipulated his way into a plea bargain.”
The parties presented no evidence Friday.
The trial is set to resume Wednesday morning, which would be the first occasion with both juries in the courtroom at the same time.
One of the regular jurors on the Braden jury was unavailable, so one of the seven alternates was selected at random as a permanent replacement.
The court clerk read descriptions of the 15 felonies and 32 special allegations to both juries; it took about 35 minutes each time.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
