Man injured in 2004 Montclair drive-by testifies at murder trial
A man shot in the thigh during a 2004 drive-by shooting in Montclair was one of three people called to testify Tuesday during the murder trial of Jose Laguna in West Valley Superior Court.
Nicholas Muñoz was visiting his brother's home in the 9500 block of Helena Avenue when after midnight a dark-colored SUV slowly drove by, he testified.
Muñoz recalled seeing several bright muzzle flashes from his position on his brother's front driveway, where a group of people had gathered to socialize.
He said he knelt to avoid the gunfire, and didn't realize until later that he had been shot in the upper-left thigh.
Prosecutors believe Laguna, 23, was the gunman responsible for Muñoz's injuries in the early-morning shooting on June 19, 2004.
Killed as a result of the shooting was David Velez, 20. Another man's leg was grazed by a bullet shot from the black SUV.
Two days after the shooting, Claremont police arrested Laguna following a high-speed chase.
In Laguna's black Jeep Cherokee, police found a gun linked to the shooting and other evidence, Deputy District Attorney Mike Dowd said during his opening statement last week.
Tuesday was the second day of testimony in Laguna's trial. He faces three felony counts -- one count of murder and two counts attempted murder.
If he is convicted on all counts he could face a prison sentence of up to 110 years to life.
Other witnesses called to testify Tuesday afternoon were Muñoz's wife, who was present during the shooting, and an employee of the San Bernardino County Sheriff's Department's crime lab who examined evidence in the case.
Trail proceedings in Laguna's case are set to resume Wednesday morning.
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Judge rejects defense motion for mistrial
Though trial proceedings in Laguna's case began at about 11 a.m. Tuesday, there wasn't any testimony until about 2 p.m.
Proceedings were delayed because jurors were interviewed by Judge Steve Malone one at a time and asked if they had read a newspaper account of the trial's first day.
One woman said she read the entire article published Jan. 16 in the Inland Valley Daily Bulletin. She said she didn't remember hearing Malone's instruction to jurors not to read news accounts of the trial. She was excused from the jury and replaced by one of the two alternates.
Two other jurors said they were exposed to the article, but stopped reading or listening to its contents after they realized that it was about their case.
James Brown, Laguna's defense attorney, moved to declare a mistrial. He said his client might not be able to receive a fair trial because of jurors' exposure to the story.
Brown told Malone that he was specifically concerned that jurors may have read a quotation in the story where Dowd called Laguna's case a "typical gang drive-by."
The "gang" label may unfairly sway jurors against his client, he argued, and he said that gang mentions were meant to be kept out of the trial.
"It does create impressions and feelings," Brown told the judge.
Malone rejected Brown's motion for a new trial because only one of the jurors said she read the entire article.
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