Trial starts in killing of girl, 9

Jace Radke

Tuesday, Oct. 7, 2003 | 9:30 a.m.

Opening arguments were expected to begin today in the killing of a 9-year-old girl who was playing in her front yard when a bullet meant for someone else struck her in the chest.

Pascual Lozano is charged in the slaying of Genesis Estrada at her North Las Vegas home on Sept. 7, 2002.

The district attorney's office is expected to seek the death penalty for Lozano.

Estrada was outside her mother's apartment on a Saturday evening when she and her 8-year-old sister, Heidi, were shot. Heidi survived her injuries and so did an infant boy from next door. Genesis Estrada reportedly used her body to shield the infant from the bullets.

North Las Vegas Police allege that Lozano was in the back seat of a car when he saw a man urinating near a trash can. Lozano then got out of the car and chased after the man before firing at him, police said.

At a short evidentiary hearing Monday Chief Deputy District Attorney Ed Kane told District Judge John McGroarty that he expected the man who Lozano shot at to testify that he thought someone had flashed a gang sign at him from inside the car Lozano was traveling in.

Police have alleged that Lozano is a gang member, but Kane is not seeking a gang enhancement on the charges of murder, attempted murder and battery with the use of a deadly weapon.

Special Public Defender Bret Whipple asked McGroarty to not allow talk of Lozano's possible affiliation with a gang to be heard by the jury because there is no evidence of that.

McGroarty agreed, saying that only the possibility of a gang sign being flashed could be brought up, and only in the testimony of Lozano's alleged victim, Robert Valentine.

Also expected to be called to the witness stand is Darrian Moten, who was in the car with Lozano prior to the shooting. During a preliminary hearing Moten testified that he saw Lozano get out of the car and chase after Valentine.

Moten also testified that he heard three shots before Lozano returned to the car and they left the area.