News - Local

Saturday, Nov. 22, 2008

Key witness hears gunshots, sees victim

She testifies her former boyfriend was standing over the body of fatally wounded Nipomo man

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The key witness in an Arroyo Grande gang murder case took the stand Friday, testifying that moments after hearing gunshots she turned to see her boyfriend standing over the victim.

Olivia Robles reportedly was the only person nearby when gang member Luis Alberto Medina, 23, of Nipomo, was shot and killed around midnight on Nov. 20, 2006.

Prosecutors said Medina and defendant Abiel Arthur Ayala, 26, were both members of the same Nipomo-based gang. They were allegedly at odds with each other because Medina allegedly sold drugs to a younger relative of a gang member. Medina also allegedly pulled a gun on an ally.

Robles said Friday she did not remember much about other events that day. She changed her answers several times when questioned by Chief Deputy District Attorney Jerret Gran.

What she did recall was walking with Ayala to her car, which was parked near the Arroyo Village Inn on Traffic Way.

Medina and Ayala were talking when she grabbed her purse from the passenger seat and started walking back toward the motel where the trio had been just minutes earlier.

After hearing one or two gunshots, Robles said she turned and saw Medina on the ground.

Robles continued, saying after she saw Medina, she got into the passenger side of her cream-colored Cadillac with Ayala who began to drive away. He stopped the car, however, got out and walked away, she said.

“I heard more gunshots” about four or five minutes later, Robles said before changing her answer to four or five seconds later when questioned by Gran about her recollection of the time.

Robles is expected to continue testifying at 9:45 a.m. Monday. She was not yet cross examined by Ayala’s lawyer.

The jury, which includes four alternates, saw graphic autopsy and crime scene photos while listening to testimony by experts and law enforcement about three gunshot wounds Medina suffered to his head, leg and back. Medina also suffered unexplained gashes to his left arm.

Dr. Gary Walter, responding to questions from defense attorney Thomas McCormick, testified Friday that he could not say with certainty what caused the cuts.

Also unknown is whose DNA was found on the 9 mm handgun police believe was the murder weapon. The gun did not have fingerprints on it and it was unknown whose DNA was on it, Gran said in opening statements.

McCormick did not give an opening statement.

Police found methamphetamine under Medina’s waistband in his pockets. A weapon was not found on his body.

“Keep your focus on who pulled the trigger,” Gran told jurors about deciding whether Ayala is guilty of first-degree murder and enhancements of gang-related activity and using a firearm.

Ayala sat quietly, occasionally talking to his attorney during court proceedings and standing when jurors entered. He is being held at County Jail without bail.

Friday was the second anniversary of the murder, said Medina’s sister, Esmeralda Medina, 20, of Nipomo, who spoke to a reporter outside the courtroom during a break.

Most days, Esmeralda Medina said, she still expects her brother to come home. Leslie Parrilla can be reached at 783-7645