The offer of a plea deal started off the third day in the trial of Andrew Ray Flores and Anthony Reyes Serena for the murder of Lupe Garcia.
Flores’ attorney Joseph Garza proposed a deal of 10 years to Calhoun County District Attorney Shannon Salyer; however, when Salyer mentioned the deal to Judge Jack W. Marr, it turned out Serena's attorneys were unaware of the proposal.
"Keith Weiser spoke with his client (Serena), and he said no. So the deal was turned down, and the trial went on," explained Salyer.
A former resident of the house on Bonorden Street was called to testify about the events of Oct. 19, 2017.
Magie Salas was in her room with her girlfriend, Natalie Cervantes, when they heard an argument. She testified that the voices sounded male and then she heard what sounded like wrestling in the hallway, followed by a gunshot.
“At first I thought it was fireworks, but Natalie said no, it was a gunshot," Salas said.
She stated that she was scared but told Natalie to stay back while she went to see what was going on.
She testified that instead of leaving as Cervantes insisted, she stayed until the police were called. "I told her what if it was us, and she thought about it and said I was right. Angel told me to go; that the police had been called," she said.
Cervantes had a restraining order against her and was not to be near Salas. The two women got into Cervantes' truck and left and while driving saw a man who looked like he had been running for a while.
"I saw him as we drove by," she testified. When asked if the man was in court and if could she identify him, she said she didn't want to.
"Judge, if you could gently instruct the witness to answer," said Salyer. The judge instructed Salas that she needed to answer the question, and she pointed to Flores and named the color of the shirt he was wearing in court Wednesday.
Both Merri Nichols, attorney for Serena, and Garza poked at the visibility that night and whether she could see Flores. They also questioned how fast they were traveling and how she knew he had been running.
"We were going a little fast, and I told her to slow down before we got stopped. She slowed down enough for me to stop yelling at her," testified Salas.
She also testified there was enough light on Schooley Road to be able to see from the streetlights and the homes along the street.
The give and take got a little testy at times between Salas and Garza, as she answered his questions before he finished. He questioned how she could see the man on the street as a passenger. "I had the seat back and could see out of Natalie's side," she said.
She was also questioned on why she said two gunshots when everyone else said there was only one shot, and police found no evidence of a second shot.
"I thought I heard two shots. It could have been an echo in the hallway, but that's what I heard," she said.
Salas also testified that when she looked a second time, she saw three men in the area by the front door and one standing over Flores. She said she only saw their backs and that they had hoodies on.
Cervantes also testified, saying she went to her truck and saw two men running toward a dead end street. She said that she didn't know if they came from the house but that she saw them running toward the dead end street before getting into her truck.
When asked by Garza about seeing Flores, she said she had slowed down on Schooley, and he looked like he had been running because he was out of breath. She also testified that the man was a few feet away from her truck as it went down the road, and she turned her head and looked at him.
The prosecution also called Flores' first cousin Marissa Trevino to the stand where she testified that she did not pick him up at the OK Corral and take him home because she was with her husband and her grieving aunt watching movies.
“When we got home, he was sitting on the porch,” she said.
Her husband is related to Garcia, and she said she felt caught in the middle but also betrayed because Flores didn't give her a heads up that the cops would be coming to the house.
"He called them. When they came, they searched my vehicle and my home. I let them because I have nothing to hide,” she said.
She testified that Flores had come from Houston to stay with her following Hurricane Harvey. “He had zero, but he was pulling himself up. He had a job, and he was doing good," she said.
Garcia's girlfriend of about two weeks, Kristen Hanzelka, also testified about text messages between Flores and her.
Also called to the stand was Charles Gurley, who testified that he knew Garcia, and they hung out about four to five times a week.
Gurley, who has been in jail on various charges including drug trafficking and smuggling and is a member of the prison gang HPL, said he spoke with Flores for about 45 minutes that night and that Flores was blaming others for what had happened.
Gurley also testified about what he had seen in Garcia's room when he stopped at the house on his way to pick up her girlfriend from work. He testified that Garcia had three or four grams of cocaine at the time he left the apartment.
Three forensic specialists from the Bexar County Investigation Labs in San Antonio were called to testify on how the evidence was handled and tested.
Two young women in attendance were called before the judge during the proceedings. He told them to cease making gestures and talking while witnesses were testifying. If they did not, he would hold them in contempt of court and that they could possibly see jail time.
The prosecution called nine witnesses with testimony wrapping up at 5 p.m.
Testimony resumes Today at 9 a.m. in District Court.