Evidence ‘overwhelming’

Kim Smith

Tuesday, May 21, 2002 | 10:05 a.m.

The evidence showing that Elder Zacarias-Lopez shot Moris Almendarez-Morataya to death last July is simply "overwhelming" prosecutors told jurors Monday.

Not only was Lopez the last person seen with Morataya, but he also was observed speeding from the scene, Deputy District Attorney Robert Daskas said.

Moreover, within seven minutes of Morataya's death, Lopez was seen tossing the murder weapon out of his truck, and he was taken into custody with the victim's blood on his pants, gunpowder on his hands and bullets in his pocket, Daskas said.

Monday was the first day in Lopez's trial. The 25-year-old Guatemalan faces a single count of open murder in Morataya's July 8 death.

Daskas said a large group of Guatemalan day-laborers were gathered at Lopez's home near Charleston Boulevard and Sloan Lane when shots rang out.

When everyone ran out from playing cards in the back yard they found Morataya, 27, dead from four gunshot wounds in the head and a fifth in his hip, Daskas said. Several men and neighbors saw Lopez speeding away in his red pickup. Police pulled him over after seeing him toss the gun, Daskas said.

Deputy Public Defender Bita Khamsi told jurors they will learn that each of the state's eyewitnesses has given conflicting statements about what they heard and saw that evening.