Surrey Mounties investigating a domestic violence call at a house in Bolivar Heights found a dead man inside and were shot at by someone running away, a jury heard this week in B.C. Supreme Court.
Lester Olivia Buezo Oseguera, 30, is on trial in New Westminster for second-degree murder for the Aug. 30, 2010 shooting of Jose Hector Luna de Morales, 28, inside a house in the 13800-block of Park Drive.
Morales came to Canada in 2008 on a work visa, and worked as a painter. His mom and sister are here from El Salvador to hear the trial, which is expected to conclude within four weeks.
Surrey RCMP Const. Robert Keay testified Tuesday that a young woman was seen running down the road screaming as two men were "posturing" at one another on the street.
One remarked that you don't treat a woman like that, Keay told the court. A 911 caller had "heard a pop," he said.
"This raised my level of concern a little bit."
He called for backup. Two cops were in front of the house and he and another officer were out back, with an ambulance staged a block away.
He said he heard someone say, "I think he's dead" and saw two people come out of a basement stairwell. One man was handcuffed while the other ran out front, Keay said. The guy being arrested was "kind of frantic" and repeating that someone inside had been shot and needed help.
More Mounties arrived and Keay booted in the back door. With guns drawn, the police cleared the house. Keay said he found Morales' body in a hallway, with two 9 mm bullet casings between his legs. He tried his pulse but found none.
Paramedics declared Morales dead at the scene.
Const. Ryan McConaghy was out front, with Const. Paul Sidhu behind him. McConaghy testified Wednesday that he heard two bangs from inside the house and drew his gun.
"I heard a member shouting 'Stop, police,'" he said.
McConaghy said a "dark figure" came around from the side of the house carrying something in his hands. The Mountie said he was raising his own gun when he saw the man raise his right hand, saw a "muzzle flash" and heard loud bang.
"Before I had a chance to say 'Stop, police,' the shot had been fired."
Neither Mountie was hit. Nor did they fire back.
McConaghy said the light was dim. It was just after 11 p.m.
"It didn't provide a clear view of who it was or what he was carrying," McConaghy said.
"To me it just looked like an average male."
Oseguera is also being tried for unlawfully discharging a firearm and three counts of discharging a firearm with intent to wound or disfigure.
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