Fight, stabbing leads to murder trial

A judge ordered two men Sept. 10 to stand trial for murder in the slaying of Josue Crook who was killed in a fight outside a National City restaurant as well as assault with a deadly weapon for a man who was stabbed following a World Cup party.

Several witnesses identified Daniel Arce Gonzalez, 35, as the gunman in the June 17 incident. A police officer testified that Salvador Oswaldo Chavez, 37, was the man who allegedly stabbed Eduardo “Eddie” Lopez.

The preliminary hearing was heard by Chula Vista Superior Court Judge Ana Espana, who ordered the media not to report the names of several witnesses, including one man who testified he received threatening phone calls after the slaying.

A World Cup party was held in the Rincon Del Mar restaurant at 324 Highland Ave. as people were matching Mexico play Brazil on television. A fight broke out and spilled outside into the street and Crook, 36, was shot several times around 5:35 p.m. He died at a hospital.

A fire destroyed most of the restaurant on Aug. 29 after the blaze was discovered at 12:35 a.m. and the fire’s cause is under investigation. One witness in jail clothing testified the restaurant’s owner had problems with gang members.
An inmate identified Gonzalez as the man he saw “running down the sidewalk with a pistol in his hand.”  He said he saw Crook tap Gonzalez on the shoulder. “He turns around, shoots Josue twice. He pointed a gun at me,” said the witness.

“He got me,” the inmate quoted Crook as the last thing he said.

“I’m in shock seeing my best friend murdered in front of me. He couldn’t talk,” said the inmate, who said he stayed with Crook until police showed up.

The inmate said he was on felony probation and he fled to Mexico. He told the judge he was arrested in Mexico and brought back here. He said he has not received any type of deal with prosecutors in exchange for his testimony, adding “if they want to give me a deal, I’ll take it.”

He said he was found in violation of his probation by associating with gang members and drinking alcohol. He could not identify Chavez.

A former employee of the restaurant also identified Gonzalez as the gunman whom he saw get into a truck and drive away by himself. He testified he had received threatening phone calls.

National City Police detective Aaron de Pascale testified he interviewed Lopez after he was stabbed and Lopez told him Chavez stabbed him in the back during the altercation. De Pascale said Lopez’s identification came after he was shown photos of Chavez.

Chavez’s attorney, Mark Bluemel, told the judge his client “was at the wrong place, wrong time” and asked all charges be dropped. Bluemel said no one identified Chavez as participating in the murder which he said was the result of “a spontaneous bar fight.”

Deputy District Attorney David Grapilon asked Espana to order both men to trial, saying Chavez’s presence at the scene was as “aiding and abetting” Gonzalez in the crimes.

The restaurant’s surveillance camera footage was shown to witnesses and it showed people running after the shots were fired.

National City Police arrested Chavez on July 10 and Gonzalez on July 15. Gonzalez is being held in jail without bail and Chavez’s bail was set at $2 million. They have both pleaded not guilty and a trial date will be set on Sept. 24.