LAKEPORT — A witness in the toddler-killing trial testified Wednesday he observed one defendant sawing of the butt of a shotgun while the co-defendant watched just hours before the prosecution alleges the two men shot into a crowd.
Clearlake Oaks residents Paul William Braden, 22, and Orlando Joseph Lopez Jr., 24, face 15 felonies, including murder and five counts of attempted murder, and more than 30 special allegations in connection with a late-night shooting June 18 in Clearlake.
Authorities claim the two men shot at a group of people gathered for a barbecue, killing Skyler Rapp, 4, and injuring five others.
Braden and Lopez, who have denied any wrongdoing, are standing trial in the same courtroom but have separate lawyers and different juries.
The prosecution alleges that on the night of June 18, the two men left a party at the home Lopez”s brother lived in with a then-girlfriend and drove with a third man to another part of Clearlake where the fatal shooting occurred.
One person reportedly at that gathering was the first witness during the half-day session Wednesday afternoon at the Lake County Courthouse.
Dennis Fry, an 18-year-old Clearlake resident, completed the testimony he began last week. The majority of his statements Wednesday came under cross-examination from Lopez”s lawyer, Stephen Carter.
Fry said he arrived at the party sometime in the early evening and saw Braden and Lopez arguing on the phone with a person whose identity he didn”t know. Authorities allege the person on the other line was a woman related to Rapp.
Braden and Lopez then left the party together and returned 30 to 60 minutes later with Braden carrying a shotgun wrapped in a sweater, according to Fry.
Fry said seeing the gun made him feel uneasy, so he faked an illness as an excuse to leave the party.
He testified he and his brother said goodbye to Braden and Lopez, who were both in the garage while Braden sawed off the butt of the shotgun and Lopez watched.
Fry said he only observed Braden with any firearm that night.
Carter also questioned Fry about an alleged altercation after an adult school graduation held at Lower Lake High School in early June.
Fry testified Josh Gamble and Joey Armijo challenged him to a fight because they said he stepped on Gamble”s shoe earlier in the day.
Fry said he tried to avoid an altercation because of a finger injury but someone standing behind him punched Gamble. Fry said a brief scuffle ensued but he and his group of friends soon ran from the area before things escalated much further.
District Attorney Don Anderson claims the fight may have partly fueled the shooting. Armijo is listed among the reported shooting victims.
Fry said he never made plans to retaliate against the two guys. He added that he thought of Braden and Lopez as no more than acquaintances.
Fry also described his group of close friends, which he said others nicknamed the “Avenue Boys.”
He said the group did not engage in criminal activities and did not wear identifying colors. Braden and Lopez were not “Avenue Boys,” but all five members were at the June 18 party, according to Fry.
Anderson called a second witness Wednesday, Fry”s 21-year-old brother Anthony Gaston.
Gaston, also an “Avenue Boy,” described some of what he saw at the June 18 party. He testified for a little more than 10 minutes before the trial adjourned for the day.
Gaston is expected to resume his testimony today at 9 a.m. in Department 1.
Before the afternoon proceedings began, Judge Doris L. Shockley excused one of the alternate Braden jurors for medical reasons, reducing the number of Braden alternates to four. The Lopez jury still has all seven of its original alternates.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37. Follow trial coverage live on Twitter @JeremyDWalsh or by searching #BradenLopez.
