Defendant claims he acted in self-defense
LAX COURTHOUSE — A 20-year-old homicide case is now set for trial, after a judge on Thursday ruled there’s enough evidence to prosecute a former Santa Monica bar owner for murder.
Prosecutors laid out their case against Antonio Pedraza in a preliminary trial Thursday, detailing how Javier Garcia, 26, was brutally gunned down on June 21, 1984, in front of Jalisco Cafe, a now-defunct bar on the eastside of Santa Monica. Pedraza, 57, maintains he acted in self-defense.
The fatal shooting occurred late at night, after an intoxicated Garcia was kicked out of the bar for reportedly breaking a beer bottle over the bar’s pool table, witnesses and police said. On the street in front of the cafe, Pedraza, who owned the bar, demanded Garcia leave the premises. But Garcia responded by shooting at Pedraza, who avoided the bullets and then fired back, witnesses said.
Garcia was shot 14 times. The final three bullets were fired into the back Garcia’s head at point-blank range, after he fell face-down on the sidewalk, according to court papers.
Pedraza was never questioned by police at the time of the shooting. He fled the scene and was on the lam for 19 years before being arrested in Los Angeles last July on drug charges. Shortly after the shooting, police found his car abandoned in Santa Monica. They believe he went to Mexico.
Ramon Garcia, the victim’s brother, testified that he and his brother visited several bars before going to Jalisco. Once there, he said he was dancing with some girls when someone in the bar approached him and said his brother had been kicked out. When he went out front, Ramon Garcia said he saw his brother get a handgun from their car and point it at Pedraza. Pedraza then demanded Javier Garcia leave, he said.
“That’s when (Pedraza) said to him, ‘Huero, leave. I don’t want to kill you,’” Ramon Garcia testified through a translator. “Huero” is a Spanish slang word meaning “light-skinned” or “white boy.” Javier Garcia was Hispanic.
Ramon Garcia said that’s when his brother started shooting at Pedraza, who avoided the bullets by hiding around the corner, out of view. He then emerged and returned fire with an automatic handgun. Pedraza didn’t stop shooting, even after Javier Garcia fell, face-first into the sidewalk, Ramon Garcia testified.
“He stopped shooting while he was walking (towards Javier), only to shoot him again when he was dead,” Ramon Garcia said.
“He stopped shooting while he was walking (towards Javier), only to shoot him again when he was dead.” — — RAMON GARCIA Victim’s brother
Prosecutors admit Pedraza acted in self-defense at first, but claim there is a possibility Javier Garcia could have survived the first 11 shots. Pedraza eliminated that possibility when he deliberately fired into Javier Garcia’s head, prosecutors argued. But defense attorney Scott Furstman said he plans to show that at least seven of the first 11 shots could potentially have killed Javier Garcia.
However, the issue may become moot. Lawyers for both sides said they were hoping to resolve the case before it goes to trial. If convicted of murder, as charged, Pedraza could face anywhere from 16 years to life in state prison. Lawyers said there is currently no formal plea offer on the table, but added they have discussed reducing the charges.
Thursday’s preliminary trial was heard at the Airport Courthouse near LAX by Los Angeles Superior Court Judge Katherine Mader. A jury trial has been set for Feb. 19.
The dark-haired, grey-mustached Pedraza was dressed for the trial in a jail-issued blue jumpsuit and pink rubber slippers. He sat quietly during the proceedings, flanked by Furstman and a Spanish- English translator. Furstman later identified three people watching from the courtroom as Pedraza’s wife, young daughter and brother.
Originally published in the Santa Monica Daily Press print edition on February 6, 2004. Read the original PDF.