Lopez brothers' murder trial starts

EPHRATA - The trial started for the two people accused of killing 25-year-old Adan Beltran in a gang-related shooting.

Benjamin Lopez Jr., 18, and Abraham Lopez, 17, both of Quincy, are charged with first-degree murder for the April 22, 2011 shooting.

Prosecutor Angus Lee and Abraham Lopez' defense attorney, Gregory Scott, gave opening statements in the trial. Benjamin Lopez' attorney John Crowley reserved his right to give an opening statement after the prosecution finishes its case.

Lee described the shooting as revenge for the killing of a member of the same gang the Lopez' brothers belonged to. The shooting was the result of long standing feud between the two gangs.

"The defendants, the Lopez brothers, and two others, drove to the home of Adan Beltran, a member of (a) gang, for one purpose and one purpose only. To kill a man that they believed had killed one of their own," Lee said.

A fellow gang member was killed about five months before by the gang Beltran belonged to, Lee said. They believed Beltran was responsible for the murder.

"There has been a conflict going on between (the two gangs) for quite some time," he said. "Not just the incident with (the fellow gang member), and not just this incident."

Shortly before Beltran's death, Benjamin Lopez got a tattoo to remember his fellow gang member, Lee said. At the time of the murder, it was new enough so the edges were red.

"He believed that Adan Beltran was responsible and something needed to be done," he said.

The day of the murder, Roberto Murillo Vera was driving a blue car in Quincy. The Lopez brothers, along with a friend and fellow gang member, Alexis Hernandez, were in the car, Lee said. Benjamin Lopez sat in the front passenger's side seat, and Abraham Lopez sat in the rear driver's side seat.

"Those were the seats they were sitting in when Alexis Hernandez responded to their request to come hang out," he said. "He got in the other seat. He thought they were going to hang out, maybe smoke some marijuana."

When Hernandez got into the car, they began to drive. When they approached Beltran's home, Hernandez heard Benjamin Lopez give Murillo Vera directions, Lee said.

"He specifically heard him give the final direction of, 'Turn right here,' and they made the final turn down the street to the home of Adan Beltran," he said. "When they got just past that home ... the car stopped. Nobody had to say a word."

When the vehicle neared Beltran's home, Hernandez saw Abraham Lopez put on gloves, Lee said. When Murillo Vera stopped, Abraham Lopez got out, moving a few feet toward Beltran, who was standing outside.

"Adan saw him and ran," he said. "As he ran away, Abraham pointed the .25 caliber semi-automatic handgun at him and began to fire. He shot (Beltran) three times. Beltran fell to the ground and died."

As the four fled the scene, they almost collided with a Quincy resident, who called 9-1-1, Lee said. Murillo Vera drove to a nearby canal and sat while some of the car's occupants smoked some drugs.

After a short period, the group decided to go to Wenatchee. An officer spotted the car on state Route 28. When the officer tried to stop the group, Murillo Vera attempted to flee. The Washington State Patrol deployed spike strips to force the car to stop.

"When finally the vehicle was forced to stop, instantly Roberto Murillo (Vera), the driver, jumped out of the car and ran," Lee said. "The time between this murder and the time they're apprehended in the car is less than an hour."

The Lopez brothers and Hernandez were in the car. Officers found a .25 caliber semi-automatic handgun on the ground near Benjamin Lopez' door, and a .357 caliber revolver in the car, Lee said. The Washington State Patrol Crime Lab identified the .25 caliber pistol at the murder weapon.

"Now during the chase ... the guns were tossed in the lap of Alexis Hernandez," he said. "He pushed them away. They were tossed in his lap because he was asked to throw them out the window during the pursuit. (Hernandez) declined to get involved."

Scott, Abraham Lopez' attorney, started by pointing out the case has another side. He started by telling the jury they need to be able to hear what is being said by witnesses and the questions the attorneys ask.

"If you can't hear the question, it doesn't matter who's asking it, raise your hand. Somebody in this courtroom, the judge, the clerk, somebody will recognize that," Scott said, raising his hand. "Can you see my hand, sticking up above 2 inches above the cuff? Well not really, because unless I turn it over and I show you the other side you can't see all of it."

Scott continued, saying the evidence has more than one side. He argued the group in the car didn't plan to kill Beltran.

"All of the evidence will show you that if there was any plan at all, it was to buy weed and smoke weed," he said. "The evidence is going to show there is no conversation within this car, Mr. Lee has illustrated here, about doing anything other than smoking weed."

Scott pointed out the Lopez' DNA was not found on either of the handguns located in the car, but Murillo Vera's DNA was included in a sample found on .25 caliber handgun's magazine.

"The evidence is also going to show that not only did they (find) DNA on the outside of the gun, but they also removed the clip ... and they did DNA testing on that as well," he said. "The evidence will show, ladies and gentlemen, that the driver Roberto Murillo (Vera) was included in that."

Scott also pointed to issues with the two gloves found in the vehicle. Abraham Lopez' DNA was included in a sample found from one of the gloves, and Hernandez' DNA was included in a sample found on the other glove and the Lopez brothers were excluded.

"There is absolutely no physical evidence whatsoever that ties this young man, Benjamin, to this man's murder," Scott said. "Alex Hernandez is going to testify there is absolutely no discussion about any shooting ever. He's going to testify that he handled the gun."

When police took Hernandez into custody, Scott said officers called his mother and spoke with her, and encouraged her to tell Hernandez to cooperate.

Hernandez complied because he thought officers would be able to help him, Scott said. Hernandez agreed to the theory the officers presented to him.

"Now the evidence, ladies and gentlemen, Mr. Lee has indicated that Alex is going to tell you about this background about this retaliation and all this other nonsense, that's my term, but, ladies and gentlemen, you're going to hear the testimony that it was (the officer) that laid all this out and said, 'This happened in retaliation for that, and that happened in retaliation for this, and that happened in retaliation for this, isn't that right Alex?'" Scott said. "Alex is going to say, 'Yeah, sure whatever.'"

Scott pointed out the guns were found on the passenger's side of the car between Hernandez and Benjamin Lopez and Murillo Vera could have tossed the gun to the side of the car.

Scott said if Hernandez testifies the murder charges against him will be dropped, calling his testimony bought and paid for by the prosecution.