Two witnesses can’t place weapon in suspect’s hand

Monday, Feb. 14, 2005 | 9:35 a.m.

Two witnesses testified Friday that a 25-year-old Californian accused of killing a 51-year-old Las Vegas woman on Thanksgiving Day was at the scene of the crime and fled after the killing, but neither saw her shoot or possess a gun.

Susan Aguilar of Fontana, Calif., is accused of killing Guadalupe Hernandez during a family Thanksgiving celebration in the 1800 block of Battle Born Drive. She went to the party with her boyfriend, Hernandez's son, Francisco Hernandez.

At her preliminary hearing on Friday, Guadalupe Hernandez's husband of 31 years, Jorge Hernandez, said he was fixing his daughter's van in the garage when his wife and Aguilar came through the garage to get a glass of water.

"I heard a shot, but I didn't see who fired it," Jorge Hernandez said. "I turned around and saw my wife, she fell. When I went toward her she was already dead. I lifted her up close to me and started screaming for my daughter."

He said roughly two minutes later his son came into the garage holding in his hand the gun he believed Aguilar had used on his mother, saying "she's dead, she's dead."

Jorge Hernandez said his son then walked out of the garage toward the street and starting firing at the car in which Aguilar was driving away.

"She (Aguillar) was driving the car when my son shot at her," Jorge Hernandez said. "She was trying to leave so she wouldn't be caught by police."

Leo Salisbury, whose brother is married to Jorge Hernandez's daughter, said he was playing darts in the garage with his friend, Adam Par, and noticed Aguilar "looking at everyone with a weird face, trying to pick someone out and sort of observing everyone carefully."

While throwing a dart, Salisbury said he "heard a pop, turned around and saw Guadalupe (Hernandez) sliding down against the wall."

Salisbury said he dropped to the floor in fear and before he ran out into the backyard he looked up at Aguilar who "had a mean glare."

Although Salisbury heard the gun go off and saw Guadalupe Hernandez die as a result of the bullet he said he "didn't see anyone with a gun."

Prosecutors requested the preliminary hearing be continued to March 18 so they could produce a witness that might be able to explain if Aguilar or someone else had a gun and used it to shoot Guadalupe Hernandez.

They said Adam Par was scheduled to appear to testify Friday, but he couldn't be located. They assured Las Vegas Justice of the Peace Nancy Oesterle that Par would be in court for the March 18 continuation of the preliminary hearing.

Aguilar's attorney, Deputy Public Defender Curtis Brown, wouldn't comment on any specifics regarding the case, but did say "basically this is an unfortunate accident."