Mon, Jul 06, 2009

Tucson Region

Tucsonan guilty in slaying at gas station on S. Side

By Kim Smith
ARIZONA DAILY STAR
Tucson, Arizona | Published: 08.28.2008
A Tucson man who claimed he killed another man in self-defense was convicted of first-degree murder Wednesday in Pima County Superior Court.
It took the jury five hours of deliberations to reject Anthony Gabriel Pesqueira's account of what happened the night Victor Rivera, 28, was shot to death outside the Diamond Shamrock at East 22nd Street and South Park Avenue.
Pima County Superior Court Judge Frank Dawley will have the option of sentencing Pesqueira, 21, to life with or without the possibility of parole at his sentencing hearing Oct. 14.
During opening statements last week, Deputy Pima County Attorney Michael Kelly told jurors Rivera and a friend were at the Diamond Shamrock when Pesqueira fired a .40-caliber pistol at Rivera at least five times and drove off.
Rivera's cell-phone records show he was receiving a phone call at the exact time he was shot in the heart, Kelly said. That detail, combined with the fact no gun was found on or near Rivera's body proves he was no threat to Pesqueira, the prosecutor said.
After the shooting, Kelly said, Pesqueira painted his car, removed its license plates and got rid of the weapon.
The police were able to identify Pesqueira as a suspect, however, with the help of the grainy surveillance tape and two witnesses — one who provided a partial license plate number and a half-blind homeless man who picked him out of a lineup, Kelly said.
Pesqueira testified earlier this week that Rivera was reaching toward his waistline when he pulled out his .40-caliber Glock and fired toward Rivera without aiming.
Pesqueira testified he'd had a run-in with Rivera a few days before the shooting, and, because he had heard Rivera was looking for him, had decided to arm himself.
After he pulled into the gas station, Pesqueira said, the two made eye contact and Rivera reached for his waistline.
Pesqueira said he reached between the front seats of his Buick Regal for his gun and fired toward Rivera without stopping and without aiming.
"He was getting ready to shoot at me," Pesqueira said. "If I wouldn't have shot, he would've shot me."
Pesqueira, who had been out on bond, was immediately taken into custody following the verdict.
● Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com.