28-year-old Andrew Hammond is charged in the shooting deaths of three Fresno men on three different dates.
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Back in September of 2020, 41-year-old Fernando Gonzales was found shot near his car in east central Fresno and later died at the hospital.
One witness claims he was in the car with Gonzales when he was killed. During Tuesday's hearing, Hilario Gutierrez-Cruz demonstrated how the shooter approached the vehicle.
Gutierrez-Cruz raised his arm and clenched his fist as if he was holding a gun and said, "He raised it and he fired."
During cross-examination, the witness was asked if he recognized the defendant as the shooter - or if he assumed the defendant was the shooter simply because he's in court.
"I didn't see well it was dark and once the shooting started," Gutierrez-Cruz said. "I was lost"
Senior Deputy District Attorney Kelly Smith then redirected Gutierrez-Cruz to clarify there were no assumptions.
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"I don't want you to assume if he is the shooter," Smith said. "Have you had enough time to look at the defendant? Yes. Is the defendant the shooter? Yes."
Lead detective on the case-Ryan Rockwell with the Fresno Police Department-also took the stand to recount his witness interviews from that day.
He said he spoke to the woman who owned the house where Gonzales was parked when he was shot.
"What if anything does she see the defendant doing?" Smith asked Rockwell.
"She sees him punching both arms outward like in front of him like one would hold their arms when basically taking a shooting platform to shoot a gun," Rockwell responded.
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Hammond is also accused of the 2022 murders of 47-year-old Steven Rice and 39-year-old Brandon Munoz.
If convicted on all charges, Hammond faces life in prison without the possibility of parole.
Prosecutors have yet to decide whether they will seek the death penalty.
Hammond's case will move to a third day of preliminary hearings on Thursday.
The judge will then decide if the case has enough evidence to move to a jury trial.
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