Was double homicide at a Fresno tattoo shop murder or self defense? Case going to trial
Tattoo artist Cruz Hinojosa said in a taped interview with police, played in court Wednesday, that he was acting in self-defense the night he shot and killed two men inside a Tower district tattoo shop where he worked.
Fresno County prosecutors, however, think otherwise. He’s charged with two counts of murder for the deaths of Pisa Xayapheth, 30, Jesse Hernandez III, 35, and the attempted murder of Kristine Widener.
The men were killed on July 14, 2018 inside the Fresh Ink Tattoo shop on Olive Avenue after a fight with Hinojosa.
Now, Hinojosa’s case could be heading to a jury. Fresno County Superior Court Judge Arlan Harrrell on Wednesday ordered Hinojosa, 29, to stand trial on the murder and attempted murder charges. If convicted he could face life in prison.
Audio of interview played in court
In an interview with Fresno police detectives Daniel Laband and Andre Benson, recorded one day after the shooting, Hinojosa gave his version of what happened that night. He told detectives that Xayapheth, the owner of the shop, asked to meet him at the business at about 10 p.m.
Hinojosa said during the police interview, played in court for the judge, he thought it might have something to do with a car accident he had while driving a friend’s vehicle.
When he arrived at the shop he told detectives he put his backpack down and was almost instantly attacked by Xayapheth, who hit him in the side of the face. Hinojosa said he fell to the floor, where the beating by Xayapheth continues.
“I got kicked in the face and I was trying to block punches,” he said during the interview. “And then everything started to go black. I tried to get out to the front door but as I was going there I see Pisa and Chuy (Hernandez) walking towards me.”
He said he felt like they were not going to stop and was in fear of his life. He also said Xayapheth picked up a chair and was getting ready to strike him with it. At that point, Hinojosa, who is licensed to carry a concealed weapon, said he pulled out his Glock handgun from his waistband holster and began firing, striking Xayapheth and Hernandez.
Hinojosa also said he spun around and fired at Widener, Xayapheth’s girlfriend, thinking someone was coming up behind him. He missed, and told and was detectives he was thankful for not shooting the woman.
“I immediately knew it was a mistake, I thought someone else was coming in,” he said in the interview. “When I saw it was her, my heart dropped, I thought I had hit her.”
Hinojosa said he was well aware that Xayapheth kept an AR-15 rifle in the shop.
In the nearly hour-and-a-half long interview, Detective Benson began to challenge Hinojosa about why he didn’t call 911 immediately after the shooting, if he claimed it was self defense.
Hinojosa said he wasn’t thinking clearly and drove all the way to Pismo Beach the night of the shooting. He eventually called his wife, who notified law enforcement that he was going to surrender.
Benson told Hinojosa he doubted his story.
“You weren’t blacking out, you were well aware of what happened and at no point did you call 911 to help,” Benson said in the interview. “They were laying, dying and you take off to the beach.”
Hinojosa’s next court hearing is scheduled for Nov. 14.
This story was originally published October 30, 2019 at 4:49 PM.
