Jurors began deliberating Wednesday in the trial of a 44-year-old man charged with gunning down another man in an argument at an apartment complex in Anaheim five years ago.
Fernando Padilla Garcia is charged with murder and attempted murder with sentencing enhancements for discharge of a gun causing death and the personal use of a gun.
Garcia is accused of killing 34-year-old Francisco Villagomez of Anaheim April 25, 2021.
The shooting occurred just before 7:20 p.m. at 213 E. Clifton St., near Anaheim Boulevard.
Garcia and his wife, Vanessa Salgado, joined two other men in pounding on the metal security screen of the victim’s residence minutes before the shooting, according to Senior Deputy District Attorney Mallory Miller.
The prosecutor alleged the group challenged Villagomez to come out for a fight. The group left but the victim’s girlfriend called Villagomez’s family who were about a block away at a store.
The dispute appeared to be over the woman’s foster daughter running away from home for a short while and they blamed Garcia’s girlfriend, Miller said.
While two of the women argued, Garcia allegedly pulled out a gun and pointed it at the victim’s sister, Miller said. Garcia pulled the trigger but the gun did not fire, Miller said.
The victim came out of the apartment as this was happening and Garcia turned the weapon on him and opened fire, Miller said. As the victim’s sister tried to help her brother, Garcia walked over to the victim and shot him in the head twice, Miller said.
Garcia fled to his father’s home in Escondido and was later arrested in San Bernardino, Miller said.
Miller argued for a first-degree murder conviction. Jurors will also consider second-degree murder, voluntary manslaughter and involuntary manslaughter.
Miller disputed Garcia’s testimony that the victim was wielding a knife. And after he was shot initially he no longer posed a threat anyway, Miller argued.
“The man’s on the ground not moving so it’s no longer necessary to shoot him in the head,” Miller argued.
The prosecutor also said the defendant started the fight.
“Mr. Garcia had no intention of losing that fight,” Miller argued.
After he “fled” the scene he went to Escondido and visited a casino, Miller said.
Defense attorney Terrance Rene David of the Orange County Public Defender’s Office argued his client opened fire to defend himself and his wife against the knife-wielding Villagomez, who, the defendant testified, emerged from the apartment like a “raging bull.”
Garcia said Villagomez threatened to kill him as he advanced on him, according to David.
Garcia opened fire again because he thought Villagomez was coming at him again, David argued.
Villagomez was a “violent and aggressive person” with a violent criminal history, David argued.
In November 2012, Villagomez joined with others to “jump on four teens walking to high school,” David said. During that scrum he knifed one of the combatants, David said.
Villagomez pled guilty to a stabbing in August 2013, David said.
Villagomez was arrested in March 2021 sitting in a car with a knife and stun gun in Chino, David said.
If Garcia wanted to just kill Villagomez he had plenty of other less-volatile situations to do it, David argued.