San Martin
– As his mother wept silently Wednesday morning, defendant
Anthony Frausto admitted that he lied repeatedly to police in a
taped interview, admitted that he was a Norteño gang member,
admitted that he was armed the night Luis Bautista was killed and
admitted that he shot Bautista.
San Martin – As his mother wept silently Wednesday morning, defendant Anthony Frausto admitted that he lied repeatedly to police in a taped interview, admitted that he was a Norteño gang member, admitted that he was armed the night Luis Bautista was killed and admitted that he shot Bautista.
Frausto, 20, is on trial accused of killing Bautista, 19, of Gilroy in a gang shooting Sept. 30, 2005. He was arrested three days later, when he went to the Morgan Hill Police Department because his mother told him police wanted to talk to him. He has since been held in the Santa Clara County Jail without bail.
Defense attorney Andrew Tursi called Frausto as his only witness for the defense. Frausto took the stand Wednesday morning, and Tursi led him through his history with gangs and incidents leading up to Bautista’s death.
Frausto told jurors that he went with his friends Evan and Alex Mensing and Tom Lavare to see a movie at the Cinelux Theaters at the Tennant Station shopping center. During cross examination, Deputy District Attorney Stuart Scott repeatedly asked Frausto if he had lied about various statements given to police during his taped interview, including the statement that he was alone when he shot Bautista. Frausto answered calmly each time that yes, he had lied.
Frausto said he got the .357-magnum revolver used to shoot Bautista from Evan Mensing. He said his friend had given him the gun to sell, but, he said, he “felt safe with it, so I kept it.”
“I’d been attacked before, I’m homeless, so I felt safer,” he said.
Jurors listened intently as Frausto, dressed in a white button down shirt with a tie and brown pants, told his story.
Before the encounter, Frausto testified, he and his three friends were walking east in the parking lot behind the Safeway grocery store and JoAnn’s Fabrics sometime after 8pm but before 10pm. They were on their way to the movies, and took a shortcut through the parking lot.
As they were walking he heard a noise behind him, possibly voices, he said.
When he turned, he saw six people getting out of a white pickup truck. The first one out was Bautista, who had a knife in his hand.
Bautista yelled, “Sur,” at him, Frausto said, which MHPD Detective Mindy Zen testified Tuesday was perceived as a challenge when yelled at a Norteño by a Sureño.
“They were yelling; I don’t understand Spanish but I understand ‘chupeta’ and ‘sur,'” Frausto said.
He turned back to the group of six who he believed were Sureño gang members, based on their blue clothing and their comments, Frausto said.
Frausto began to walk back toward a separate group, he said, and his three friends started after him. The two rival groups met about 10 feet apart, he said, and continued “trash talking” for a little while, though he could not recall exactly how long.
Then, he said, Bautista moved the knife, which he had kept at his side, up higher, close to his waist, though not with his arm extended, and moved toward him, not walking, maybe running, Frausto said.
“As he came toward me, I pulled out the gun,” he added. Tursi asked him why. “Because I didn’t want to be stabbed,” he answered.
Tursi asked him if he thought he could be killed, if he was afraid with his safety.
“Yes,” he answered. “Yes, I was very afraid.”
He then pulled the trigger, shooting Bautista several times, but he could not recall how many. Everyone ran, he said, except Bautista, whom he saw stumble back. He realized he’d shot Bautista, but he turned and ran, tossing the gun into bushes in a nearby alley.
Scott, during cross examination, repeatedly questioned Frausto’s choice to wear red clothing and to arm himself. Frausto testified that yes, he did choose to live the life of a Norteño gang member. Asked if he really was afraid, knowing he had a revolver in his waistband facing a rival with a knife, Frausto replied, “No, not at that moment.”
Frausto’s mother, family and friends all declined to comment Wednesday outside the courthouse.
The trial is in recess until closing arguments Friday. The case could be in the hands of the jury by Friday afternoon or Monday.
Marilyn Dubil covers education and law enforcement for The Times. Reach her at (408) 779-4106 ext. 202 or at md****@*************es.com.
