Tuesday, November 16, 2010

Corpus Christi, TX: Witness: Defendant left man for dead

CORPUS CHRISTI — The prosecution told jurors Tuesday that a man fatally stabbed his estranged wife’s boyfriend while the defense proposed an alternative: the defendant stabbed him but someone else killed him.

Luis Aguilar, 31, is being tried on a murder charge in the Nov. 5, 2006, stabbing death of Jose Mosqueda. Mosqueda was found stabbed in an apartment complex parking lot in the 700 block of Mohawk Street.

Prosecutor Mike McCaig told jurors Tuesday that evidence would show Aguilar watched Mosqueda drop off his estranged wife at work that morning, followed him home and then stabbed him to death.

Jurors watched a video in which Aguilar’s estranged wife, Delmi Piñeda, has a phone conversation with Aguilar the day of the stabbing. Aguilar tells her he stabbed Mosqueda and was hiding at a friend’s house.

During the call, Aguilar also tells her he wants to meet up with her so they can leave for Florida.

He tells her to come alone not knowing she made the call with a police detective at her side.

When Aguilar went to meet her he was greeted by police, who arrested him.

He has been jailed ever since.

Aguilar’s attorney, Fred Jimenez, said Aguilar did stab Mosqueda once in the chest but only after Mosqueda threatened and pushed him.

Jimenez said Aguilar left Mosqueda alive and suggested a man named Juan Gonzalez likely killed Mosqueda later by slitting his throat.

Piñeda said Gonzalez, who lived in the same apartment as her and Mosqueda, was the one who told her Aguilar stabbed Mosqueda and gave her a ride to the scene. She said Gonzalez told her not to tell police he had been there at the time because he worried about his immigration status.

McCaig said the case is not as complicated as the defense makes it seem.

“The bottom line is whatever version you hear from him will be the same — that he stabbed Jose Mosqueda,” he said. “I think it’s crystal clear what happened.”

Aguilar first was tried in April but a judge declared a mistrial because of a deadlocked jury.

The trial will resume Wednesday in 28th District Judge Nanette Hasette’s court.

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