A judge was asked Thursday to let prosecutors use a 911 recording from the scene of a fatal shooting outside a Pasco dance club.
On the one-minute, 20-second tape, the man says his friend, Eduardo Angon Del Villar, 19, had just been shot in the back at La Tropicana.
The unidentified man tells a dispatcher Angon Del Villar is awake, and then is instructed to press a clean towel or shirt to the gunshot wound.
The problem with the recording is that the man then ignores the dispatcher as he tends to his friend, so law enforcement never got his name, defense attorney Shelley Ajax said.
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Her client, Santos Flores-Alcaide, and his nephew, Enrique Alcaide, “have a right to confrontation,” Ajax said. However, they can’t do that without the caller’s identity.
Ajax and Richard A. Smith — Alcaide’s lawyer — are asking Judge Robert Swisher to suppress the 911 tape, saying it doesn’t add anything to eyewitness statements since the caller didn’t even report seeing the shooting.
Swisher said he will rule on the evidence at a future court hearing.
The two Lower Valley men are charged in Franklin County Superior Court with one count each of first-degree murder.
Flores-Alcaide also faces felony charges of first-degree assault and possession of a stolen gun.
Prosecutors allege the men confronted Angon Del Villar outside the West Columbia Street club Aug. 30, and a fight broke out between the victim and Alcaide.
Alcaide then allegedly told his uncle to get a pistol from their truck, and Flores-Alcaide returned to fire several shots at close range at Angon Del Villar. He also turned the gun on a witness who was trying to help the victim, court documents said.
Ajax has said she will argue at trial that her client believed his nephew was in danger and he was protecting him.
Smith previously told the court they will pursue denial and self-defense claims for Alcaide.
Because of scheduling conflicts, the trial tentatively was moved to July 5.