Montclair man charged with murder declines to testify

RANCHO CUCAMONGA -- A man charged with murder for shooting and killing a Montclair teen declined to take the witness stand this morning to detail claims that he acted in self-defense.

Ruben Castellanoz, 23, reportedly fears that the victim's family will retaliate against his family if he testifies, Castellanoz's attorney told the judge presiding over the murder trial.

Castellanoz, of Montclair, is accused of shooting and killing 19-year-old Lotu Palei in February last year to impress gang members and bolster his reputation on the streets.

His attorney, Andrew Haynal, has told jurors that Castellanoz feared Palei because Palei, of Montclair, shouted out the name of a violent street gang when he encountered Castellanoz the night of the shooting in a Montclair alley, and Castellanoz believed Palei was armed.

Haynal told Judge Jon Ferguson today that Castellanoz didn't want to testify because one of Palei's brothers allegedly made a threatening remark to Castellanoz's sister, and Castellanoz feared the brother would harm Castellanoz's sister or other family members.

"I can't (testify) at the moment," Castellanoz told the judge in West Valley Superior Court.

Haynal said he expects to call two witnesses to testify Tuesday, and Castellanoz will have an opportunity to testify if he changes his mind.

"I don't think he will (testify), but he hasn't made a final decision," Haynal said.

After the defense rests its case, attorneys will deliver closing arguments and the jury will begin deliberations.

During the late evening of Feb. 3, 2008 and into the morning hours of Feb. 4, Castellanoz and a group of friends were drinking and socializing in an alley near Castellanoz's home.

After midnight, Palei walked up to the group, shouted the name of a street gang, and socialized with the group for about 30 minutes before Castellanoz shot and killed him, according to witness testimony.