A man accused of fatally shooting another man after an argument in a south Kensington taco shop more than nine years ago must stand trial for murder, a judge ruled Tuesday.
Santiago Covarrubias, 41, is charged in the March 20, 2007, death of 38-year-old Damon Green, who worked as a bus driver.
Covarrubias had been serving a state prison sentence for an unrelated homicide when he was re-arrested last November for Green’s murder. A man who said he was with Covarrubias the night of Green’s death, 36-year-old Martin Villalpando, is also charged in the murder.
San Diego police Detective Lori Adams testified during a preliminary hearing Tuesday that Villalpando was arrested last July after tests revealed his DNA on items found in the El Cajon Boulevard taco shop.
Authorities arrested Covarrubias after detectives discovered a car sale transaction between his girlfriend and Villalpando, Adams testified.
The night of Green’s murder, a witness told police that Green and Covarrubias argued over what seemed like a drug deal, then Covarrubias and Villalpando left and returned to the taco shop about 10 minutes later, Adams testified.
Villalpando told police that Covarrubias was angry and felt like he was disrespected by Green, according to the detective.
When the defendants came back to the taco shop, Green emerged from a nearby doughnut shop and said “Are you going to shoot me? Are you really going to shoot me?” according to Adams.
Villalpando told police that he saw Covarrubias pull something out of his waistband and Green was shot in the left thigh and buttocks. The leg wound turned out to be fatal.
Villalpando said Covarrubias told him that he didn’t mean to kill Green, but only wanted to show that he wasn’t a “punk or bitch,” according to Adams.
Based on the evidence presented at the preliminary hearing, Judge Frederic Link found that there was a “strong suspicion” that Covarrubias committed the murder.
Covarrubias faces 50 years to life in prison if convicted. He will be back in court Aug. 16 for a readiness conference, and trial was set for Oct. 19.
— City News Service
