Home invasion victim describes struggle over gun

Kim Smith

Wednesday, Oct. 18, 2000 | 10:35 a.m.

The preliminary hearing for a Las Vegas teen suspected of being a serial rapist and a killer continued Tuesday with the testimony of a man whose home was invaded in June.

Justin Porter, 17, is accused of breaking into 13 homes in downtown Las Vegas between Feb. 1 and June 9. Authorities allege that in six of the home invasions Porter raped the occupants, and they believe he killed a retired monk during a seventh break-in.

In each of the 13 incidents, a man with his face covered by a scarf or bandana kicked down the door, police said.

Prosecutors Doug Herndon and Teresa Lowry hope to convince Justice of the Peace Nancy Oesterle to bind Porter over for trial on 58 counts in connection with the incidents.

The prosecutors began presenting evidence Monday, starting out with those home invasions that didn't involve sexual assaults. On Thursday they plan to present evidence in the murder case, followed by the sexual assault cases.

The prosecutors have said that Porter is tied to each of the cases either through DNA evidence, self-incriminating statements he made to police, fingerprints or the way the crimes were committed.

On Tuesday, Guadalupe Lopez testified that early on the morning of June 9 his girlfriend woke him up abruptly. When he looked up, he saw his girlfriend's sister walking into their bedroom, a gun being pointed at her by a young man between 18 and 20 years old.

"He said 'I want money. Give me some money or I'll start blasting!' " Lopez said.

Lopez said the man responded with an expletive when he told him that he didn't have any money but he could take whatever else he wanted. Seconds later, Lopez said the man put a gun to his forehead.

After about 10 seconds, Lopez said he began struggling with the intruder. During the struggle, the gun went off four times, prompting the man to try to escape. Lopez said he gave chase, shoving the intruder into his bedroom wall. The intruder got up and ran into the living room and again pointed the gun at him, Lopez said.

The two wrestled again, and Lopez said he was hit in the head three times by the butt of the gun. Eventually, the intruder dived through a closed window after failing to escape through the locked front door.

Lopez said he later learned his right leg had been grazed by a bullet.

Deputy Public Defender Joe Abood pointed out inconsistencies in Lopez's statement to police. Lopez told Abood that although he told police he grabbed the intruder's gun hand during the struggle, he actually meant his forearm. His hands were on the man's bicep and wrist when the gun went off, Lopez said.