Woman to be key witness in killing of drug dealer

By Matt Pordum (contact)

Thursday, Feb. 3, 2005 | 9:38 a.m.

The fate of a man on trial for killing a cocaine dealer at the Capri Motel in March 2002 could rest on the testimony of the prosecution's key witness, the same woman the defense contends actually committed the killing with her boyfriend.

Opening arguments were heard Wednesday in the case of 32-year-old Rene Gato, who is accused of first-degree murder with use of a deadly weapon, robbery with use of a deadly weapon and burglary for the death of Enrique Caminero Jr.

Deputy District Attorney Tim Fattig said Caminero was shot once in the buttocks, hit with a Tazer, suffered blunt force trauma to the head and the coroner's office ultimately concluded he died due to strangulation.

Fattig said Caminero was a successful cocaine dealer who drove a gold Lexus SUV.

Both the prosecution and defense focused their opening statements on Theresa Gamboa, who could ultimately prove to be the key witness to either convict or acquit Gato.

Fattig said Gamboa would testify that her boyfriend Sally Villaverde came to her home after the murder covered in blood and water and told her after failing to duct-tape Caminero there "was a struggle and Gato shot him."

Fattig said while Gamboa was present with Villaverde, Gato, and Roberto Castro when the three Cuban immigrants rented a room at the motel on Fremont Street. She was dropped off before the murder occurred.

Fattig said around 5 p.m. on the day of the murder a white four-door car pulled up to the Capri Motel with two light skinned Hispanic men, Gato and Castro, in the front seat and a white female, Gamboa, and a black male, Villaverde, in the backseat.

Fattig said a motel manager would testify to seeing all four individuals enter room number 10.

The prosecutor said Gato, Villaverde and Castro lured Caminero to the motel under the guise they were looking to purchase a large amount of cocaine, but instead robbed and murdered him. Villaverde was convicted of first-degree murder with use of a deadly weapon, robbery with use of a deadly weapon and burglary for the March 2002 death of Caminero. Villaverde was sentenced to consecutive terms of life without the possibility of parole.

Gamboa's boyfriend, Villaverde, 32, was convicted of the same charges Gato faces, on April 9.

Although touted as the prosecution's key witness Gamboa failed to appear to testify at Villaverde's trial and was only located and taken into custody by police 10 days ago.

Castro entered a plea agreement on Monday with prosecutors that saw him plead guilty to one count of voluntary manslaughter. He will be sentenced by District Judge Michael Cherry on March 8. He originally faced the same charges as Villaverde and Gato.

Chief Deputy District Attorney Scott Mitchell said while he "was just as guilty as Villaverde and Gato but the evidence against him wasn't as strong.

Mitchell said evidence would show Gato's fingerprints were recovered from a cigarette butt found on the floor of the motel room where Caminero's body was found and on a lamp post in the room.

Fattig said Gamboa would also testify that after the murder she, Villaverde, Gato and Castor would flee to California to escape possible arrest.

Gato's attorney, Chris Oram, said the night manager originally told police she saw the four individuals enter and then leave the room 15 minutes later. He said the same woman told police she saw the white car drive away and never return.

Oram said the manager would also say she saw the black man and the woman walking toward the motel room at 7 p.m. that night.

"He (Gato) was in the motel, his car was there, but he left at 5:15 p.m. and he never came back," Oram said.

He said Gato had to be innocent because the coroner would testify the killing happened after 11 p.m. and couldn't have happened any earlier.

Oram said the prosecution's key witness should actually be sitting at the defendant's table instead of Gato.

"The state of Nevada is defending Gamboa," Oram said. "Why would I say she is guilty? Because her guilt proves Gato's innocence. At the end of this trial every single one of you (jurors) will believe Villaverde and Gamboa were both guilty, but the state hasn't charged her."

Gamboa is expected to testify this afternoon and continue into Friday before Judge Cherry.

Oram said all the evidence in the case point to Gamboa, a woman he said has been convicted of four felonies and uses several different aliases. Oram brought emphasis to one such alias, Ms. Bogus, as he laid out the alleged evidence against Gamboa.

The defense attorney said it was Gamboa who took her friend's driver's license and used it to check into the motel room where Caminero's body would be found. He said the gun and Taser used in the killing were both from Gamboa's garage.

Oram said evidence and testimony would show the towels and pillow cases used to clean up Caminero's blood were found at a Dumpster in Gamboa's housing complex.

He said police found Caminero's money, drugs and wallet with Gamboa and Villaverde, which essentially he said meant Gamboa had "all the cookies" from the robbery.

Oram said the jury should "give us justice and find him (Gato) not guilty and look at Gamboa for what she is when she is blaming it all on him and holding the cookies."