Fresno jury acquits man of murder charges in double homicide at Tower District tattoo shop
After five days of deliberating, a Fresno County jury on Thursday found Cruz Hinojosa not guilty of first degree murder in the fatal shooting of two men inside a Tower District tattoo shop.
The jury returned its verdict at about 2 p.m. to a stunned Hinojosa. The 31-year-old tattoo artist was facing life in prison without the possibility of parole had he been found guilty.
His public defenders, Maribel Romo and Marina Pincus, convinced the jury that Hinojosa did not go to the Fresh Ink Tattoo shop on July 14, 2018 to do anyone harm. He worked at the shop. But when he entered the Olive Avenue store, he was violently attacked by the shop’s owner Pisa Xayapheth, 30, Pincus said.
Hinojosa fell to his knees and covered his head with his hands to try and block the blows, his attorneys said.. He moved toward the door, but saw Xayapheth and 35-year-old Jesse Hernandez III coming at him. Fearing for his life, Hinojosa, who is licensed to carry a concealed weapon, pulled out his Glock handgun from a waistband holster and began firing, striking and killing Xayapheth and Hernandez, according to court records.
Hinojosa was also acquitted of attempted murder for shooting at Xayapheth’s girlfriend. She was inside the shop that night waiting for her boyfriend.
Pincus and Romo said they were grateful for the jury’s verdict. The lengthy trial began in September, but was stalled several times by COVID-19 protocols.
“The jury spent five days carefully reviewing the evidence and the law and we appreciate their time and effort. We believe the remaining lesser counts should be dismissed in the interest of justice,” the lawyers said in a statement.
The jury could not unanimously agree on the lesser counts of voluntary manslaughter. Pincus said nine jurors voted not guilty and three voted guilty.
The Fresno County District Attorney’s office has not said if it will drop the lesser charges. Both sides will return to Department 50 for a status conference on March 24.
This story was originally published February 17, 2022 at 4:49 PM.
