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Attorneys argue over motive in Rocha murder trial

by Lynne Lynch<br>Herald Staff Writer
| April 7, 2008 9:00 PM

Jury in deliberations

EPHRATA - Before Michael Reyes was killed two years ago in northern Moses Lake, he was allegedly trying to settle a debt with an unknown male called "Little Man."

Little else is known about why Reyes, 28, a forklift driver, was supposedly following Little Man during the hours leading up to the fatal shooting on Sunny Drive.

But it is known that Little Man and Reyes reportedly visited Epanlito "Paul" Rocha twice in one night after leaving a nearby party, said Ed Owens of the Grant County Prosecutor's Office.

Little Man apparently asked Rocha for protection because he owned Reyes money, Owens said Friday during closing arguments for Rocha's murder trial.

During an early morning confrontation, Rocha, 42, allegedly shot Reyes in the chest with a .22 caliber handgun because he was "bugging" Little Man, Owens said.

"He premeditated to kill Michael, he killed Michael with a gun and he's been lying about it ever since," Owens said to the jury of seven men and five women.

Rocha, 42, was later charged with first-degree murder in Reyes' death.

Rocha's Moses Lake attorney, Robert Schiffner, claims his client Rocha was inside his home, "minding his own business" before the shooting and was not driving around looking for trouble. Witnesses reportedly said the dispute had nothing to do with Rocha, Schiffner said.

A woman who never took the witness stand reportedly told authorities that Rocha ordered Reyes "to get the (expletive) out of my home," Schiffner said.

"If Mr. Rocha intended to kill Mr. Reyes, why didn't he do it when he had the perfect opportunity?" Schiffner asked.

He pointed out that Rocha would have likely stopped to put on his glasses if he walked out to the street intending to shoot Reyes.

Schiffner also said Rocha was in shock, confused and scared after the shooting.

But Owens said he believed Rocha was scared because he got caught and tried to lie to police that night after walking 60 feet to shoot Reyes.

Forensic pathologist Gina Fino found that the position of Reyes' single chest wound and the position of the body were consistent with a witness' account of the shooting, Owens reminded the jury. The bullet didn't ricochet and Reyes' wound was too large to be a tumbling wound, Owens added.

Fino also found that Reyes was shot 58.5 inches up from the bottom heel, so his pectoral muscle had to be facing the gun, Owens said.

"A 14-pound trigger pull isn't an accident," he said.

Rocha's ex-wife, Jean Rocha, reportedly told police she left the home that night because of the "violent nature" of her ex-husband, Owens said.

Witnesses said Reyes did not have a gun that night, Owens said. It was known that Reyes was drinking and his blood alcohol level was .15, twice the legal limit for driving.

But Reyes wasn't driving that night and he just went to a party. Reyes was a new father at the time and had a steady job, Owens said.

Schiffner believes many questions remain unanswered in the case.

He said he believes police didn't question key people and didn't pick up a baggy with white contents that wasn't field tested for drugs. A beer bottle found near Reyes' body was not tested for DNA, he added.

Rocha reportedly hid the handgun under a lawnmower and much was made of that and the shifting of what he knew, what he saw and what he did, Schiffner said.

Drug dealing was supposedly going on at the home, but a search warrant produced no drugs, Schiffner said. And witnesses' stories weren't meshing together, he added.

The only thing the prosecution and defense appear to agree on is Little Man.

"We knew Reyes was stalking Little Man," Schiffner said. "We knew there were words, angry words."

After closing arguments, the jury left the courtroom to begin their deliberations. It wasn't announced when they would reach a verdict.