Witness says Fresno man on trial for teen’s Fig Garden homicide shot at him too
A witness told jurors Thursday he and his brother were on their way home from their restaurant jobs when the alleged killer of 17-year-old Nicholas Kauls crossed their paths, pointed a gun at them and fired.
The witness, who was not hit, testified about his encounter with Joseph Espinoza, 25, who is on trial for the murder of Kauls, a San Joaquin Memorial student.
Police said Espinoza and an accomplice were on a robbery spree the night of June 24, 2018 when they began following the witness, who The Fresno Bee is not naming.
The witness said he was driving a truck, heading east on Gettysburg towards Fresno Street at about 9:15 p.m. As they continued on Gettysburg, a white SUV drove up alongside them.
Under questioning from Senior Deputy District Attorney Deborah Miller, the witness testified the passenger, who he later identified as Espinoza, motioned to him to lower his window. The witness said he refused. He then said he saw Espinoza rack the slide of a handgun.
“He was holding a gun and at first he pointed it at me as if he were showing it to me,” the witness said. “Then he fired a shot.”
The witness said he was scared, so he accelerated to try and get away from the white SUV. It did not follow them. “I asked my brother if he was okay and he said he was fine and then I called the police,” the witness said.
Other witness questioned by defense
Later the night of June 24, at about 11 p.m., detectives said Espinoza came across Kauls and a group of friends who were hanging out at his house on Sunset Avenue.
Kauls and another friend left the house to retrieve Kauls’ vape pen from his car. As they walked back toward the house, a white SUV pulled up slowly and attempted to rob the boys. Fresno County Sheriff’s detectives allege it was Espinoza who shot at Kauls as he tried to flee. Kauls was hit in the head and died four days later.
Espinoza’s defense attorney Ralph Torres has argued that the identity of the shooter is still in question.
Earlier this week, another witness in the Fig Garden neighborhood testified that on the night of the murder he saw two, possibly three people in a white SUV stealing items from his friend’s Toyota truck. The witness relayed that information to Sheriff’s deputies, describing the alleged robbers as three Black men in their early 20s.
Torres seized on the apparent confusion. He questioned the witness, Andrew Campbell, as to why he told deputies they were Black. Campbell testified that he did not remember saying they were Black.
“I don’t think I saw three Black people,” he said.
Torres responded with, “So you never said you saw three Black males.
The witness replied, “I said they could have been Black.”
The trial continues on Tuesday in Dept. 72.
This story was originally published October 15, 2021 at 5:00 AM.
