Defense Cross Examination of Witness Shows Inconsistencies

GOLIAD- On Friday the murder trial of Torivio Gutierrez continued in Goliad. Gutierrez was one of three men indicted in the July 4th, 2014 murder of Christoval Garza. Friday was the third day of witness testimony and today two state witnesses took the stand.

The first witness called to the stand testified about an incident which had nothing to do with the murder investigation. The woman testified the defendant Gutierrez was involved in an altercation where Gutierrez and another man physically beat up another man. However defense attorney Brent Dornburg said when 911 was called the witness stated she did not know what happened.

The main witness called to the stand today by the state was Alfred “Bubba” Guerra. Guerra testified he was at the home the entire evening and night where Garza was allegedly beaten to death by the defendant and several other men and was also the first to discover Garza’s body. Guerra provided a time line of events for the State of the night Garza was killed. However during cross examination by Dornburg several inconsistencies emerged from what Guerra testified today compared to what he told investigators and a Goliad County Grand Jury.

Guerra also testified about hearing the defendant and several other men bragging and laughing about assaulting Garza. Guerra said after he found Garza’s body he confronted Gutierrez and said he told him, “You need to cleanup your mess.”

Dornburg also highlight to jurors a deal the witness made with the State for his testimony. Guerra testified he made a deal with the State. In exchange for his testimony Guerra said he would avoid serving time in Texas Prison for an unrelated assault and would serve his time instead in the Goliad County Jail.

The trial will resume on Monday at 9 a.m.