Not so fast
Witness: Robinson part of group that was fighting murder victimBy DAVE CALDWELL, Staff Writer, dcaldwell@minotdailynews.com
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A witness put on the stand Wednesday by prosecutors testified that the man who claims to have witnessed Antonio Stridiron shoot Joshua Velasquez was also fighting with the victim as a group of people went into the alley where Velasquez was slain. He also testified, however, that Stridiron had a gun that night and was fighting Velasquez as well.
Stridiron is on trial for murder in the case. Another man, Bradley Davis, has been charged with aggravated assault in a separate but related case being tried in front of the same jury. Davis stands accused of striking Velasquez with a gardening tool during the fight that immediately preceded the shooting.
Charles Price of Minot was called to the stand by Ward County State's Attorney John Van Grinsven because Price was at the party where the incidents occurred. Price gained notoriety earlier this year when he was convicted on federal charges as part of a "mail fishing scheme." Price purchased a weight and string from a store, then stood lookout as another man lowered the glue-covered weight into mail collection boxes and "fished out" checks and money orders. He is currently incarcerated in Rugby, but was transported to the Ward County Jail for the trial.
Price testified that after Velasquez came to the party uninvited and fought Derrick Richardson, which several other witnesses have corroborated, Stridiron, whose nickname is "Boyah," and Davis, also known as "Nino," took action.
"Boyah came around with the gun and put it at his chest," Price said. "Then Bradley came around with the rake to beat Josh with it. While Josh was facing Boyah, Bradley came around from behind and struck him in the back of the head."
Price testified that Velasquez was struck several times while trying to run away, but was chased by Davis, still hitting him with the weed-cutting tool he referred to repeatedly as a rake, and Stridiron, who was punching Velasquez.
"Josh was trying to get away," Price said. Price then lost sight of them, he said.
"After about 15 seconds, I heard gunshots," Price said.
Stridiron's attorney, Bob Martin, asked why Price was appearing in street clothes when he was serving a federal sentence in Rugby.
"I don't know," Price said.
Martin asked Price if he had discussions with the prosecution about his case disposition in exchange for his testimony, which Price denied.
"Didn't you call me a few weeks ago asking me, 'What can you do for me?'" Martin said, which Price also denied.
Martin then turned his questioning in the direction of Rodney Robinson, who testified Tuesday that he saw Stridiron shoot Velasquez. He asked where Robinson was when the group crossed the street.
"I think he went around there, too," Price said.
"Was he fighting with Mr. Velasquez, too?" Martin asked.
"Yes," Price responded.
"Bias is never collateral," Martin said. "(Price) has a horse in this race."
Attorneys then jousted over statements given earlier by Price to police that seemed to indicate both Stridiron and Davis had guns.
"I said he owned a gun," Price said. "He didn't have a gun that night."
"You have no idea what went on in that alley, do you?" Martin asked.
"No," Price answered.
"For all you know, Bradley Davis could've pulled out his gun and shot Joshua Velasquez, right?" Martin asked.
"Correct," Price said.
The state also called Sonya Delzer, who was in a relationship with Stridiron, and Delzer's sister, Corie Eagleson.
Delzer testified that Stridiron was part owner of a black handgun when they lived in Florida, where they moved to Minot from in June 2007, and that they had stayed with Davis for "a couple of weeks" before moving next door in the duplex. She said that some of their belongings were still in Davis' home the night of the shooting.
Eagleson corroborated that Delzer and Stridiron had lived with Davis.
Van Grinsven then called Capt. Steve Kukowski of the Minot Police Department, who described the investigation of the primary crime scene in the alleyway. Kukowski also took part in the investigation of the secondary scene, across the street at 127 and 129-6th St. SE. Kukowski described evidence recovered from the scene, including six spent shell casings, blood spatters in the alleyway, on the north side and front area of 127, and a bracelet and some buttons that appeared to be from a white shirt.
Sgt. Jason Sundbakken was called to the stand and testified that he searched a green duffel bag that appeared to belong to Stridiron, which contained ammunition that matched the shell casings found at the murder scene. He also testified that he was the officer who recovered the alleged murder weapon from the basement of 129, Stridiron's residence. The gun had a cartridge in the chamber that also matched ammunition found at the scene, and had an empty, seven-cartridge magazine, which would indicate six shots had been fired. Blood was found on the trigger guard and on the bottom of the magazine.
On cross-examination of both officers, Martin elicited testimony that police were alerted to the locations of both the bag and the gun by the officer who was interviewing Bradley Davis at the time the homes were being searched.
Martin also pointed out while Sundbakken was on the stand that no fingerprint evidence was ever sought or collected from the shell casings from the scene, and that police never asked Robinson to submit to a gunshot residue test.
Van Grinsven countered that Sundbakken didn't even hear Robinson's name in connection with the investigation until days later.
Judge Douglas Mattson told the jury Wednesday that evidence presentation is expected to last about another week in the trial.
