THE SHOOTERS
There could be Ten suspects to the shooting.
Daniel Barron and Cynthia Martinez saw the "Yard Shooter". (Tr. R-111 at 32-33 and 871) Marine Sgt. Cecilio Rivera saw the "Yard Shooter" by the Northeast corner of the attached garage, shooting towards the street. (See Links/File #21) The "Yard Shooter" was wearing a white muscle shirt. (See Link/File#22) (Colored in Green is the gist of where those shots came from)
Israel Martinez saw the "Street/Cadillac Shooter". He was shooting back towards the direction of Isabel's home.(Tr. R-111 at 71) Daniel Barron said the "Street Shooter" wore a muscle shirt, shot Santos and then ran down the driveway and got into a dark colored Cadillac and drove away. (Tr.R-111 at 33-34 See Link/File#23) (colored in blue you can see the gist of the street shooter)
Sandra Cazares and Maritza Silva had just parked in the south entrance of the recreation center parking lot. They heard shots fired and saw two guys running towards a black Cadillac, while still shooting backwards towards Isabel's home. One of the "Street/Cadillac Shooters" wore dark blue jeans and a white T-shirt. (See Link/File#24) Sandra also swore the same at Quintin Alonzo's live Federal Evidentiary Hearing. (Fed.Evid. at 199-209)
Jimmy Brown and Jesse Urrutia were Isabel's next door neighbors. Their home was located at 3107 Bill Harrod St., Northwest of Isabel's home. Jimmy and Jessie were sitting on their front porch when the shooting began. Jimmy saw a "guy" running towards the Cadillac and shooting behind him in the direction of Isabel's home. The "guy" he saw he describes to police as being smaller in size and wearing a white T-shirt. There was also another guy at the Cadillac, also shooting in the direction of Isabel's home. (Fed.Evid. at 176-179 See Link/File#25 and #26)
Sandra, Maritza, Jimmy and Jessie all had an unobstructed view of the Street/Cadillac shooter.(See Link/File#27) (Colored in pink you can see the gist of their field of vision.)
At this point we have a total of four potential shooters when including the description of the Shooter by Israel Martinez.
Eliseo Chavez helped Israel and Santos escort a "guy" wearing a white muscle shirt outside to the front gate. At that moment a light colored truck passed by in the street with an individual hanging outside of the passenger side window, shooting towards the direction of the crowd. Santos then fell back with blood coming from the chest area. (See Link/File#28).
Frank Gonzales saw a guy hanging outside the window of a Red truck, who then began shooting at the crowd in front of Isabel's home. (See Link/File#29). The Red truck was tied to the Ledbetter/Westside gang (See link/File#30;#31;#32).
Francisco Perez remembered either five to six different shooters. (Fed. Evid. at 187-188).
Sgt. Cecilio Rivera witnessed a white car with a Hispanic male shooting towards the direction of Isabel's home. (See Link/File#21).
Peter Vong Chaunlamay witnessed a White Chevy Truck with Green designs drive by in the front of Isabel's home and open fire from a weapon. (See Link/File#34).
Finally Juan Hurtado had Det. Berry show him a picture of Juan Escamilla on July 28th 2001. He swore Juan had shown him a Handgun tucked into the waistband of his jeans on June 8-9th 2001. Juan was told not to park his car in front of Isabel's home. (See Link/File#35) Juan Escamilla said he saw Edward "Mad Dog" Guzman standing in the middle of Clymer St. shooting into the air. (See Link/File#36;#37 and #38).
Altogether this brings the total to ten different guns, and ten different potential shooters at the June 8-9th 2001 party. Any one of them could potentially be the person who wounded Israel and Cynthia Martinez and fatally shot and killed Santos Gauna.
THE 2 MOST LIKELY SHOOTERS
The two best described shooters, were the two at the dark Cadillac. It was positioned just Northeast of where Israel, Cynthia and Santos are said to have been standing. Bullets fired from that location would have struck them on their left sides. (See Link/File#18). Those shooters were described as:
(1) 17-20 years of age, Hispanic, Having a low faded haircut, Fat, shorter frame of build with Olde English style tattoo lettering on his stomach, wearing a muscle shirt draped over one shoulder, and a baseball cap.
(2) 17-20 years of age, Hispanic, Box style haircut, skinnier build, wearing a white T-shirt and blue jeans.
Those descriptions were made by Rosie Linda Sanchez (Tr.R-111 at 102-103)(See Link/File#19), Daniel Barron (Tr.R-IV at 33-34) (See Link/File#20), Jimmy Brown (Fed.Evid. at 176-177) (See Link/File#25-26), Sandra Cazares (Fed.Evid. at 200-203) (See Link/File#24), Priscilla Rodriguez (See Link/File#36;37 and #38), Lucinda Barron (See Link/File#39), Loretta Kay Flores (See Link/File#40), Miguel Tamayo (See Link/File#41), Jamie Gonzalez (See Link/File#42), Edward Rodriguez (See Link/File#43), and Peter Vong Chaunlamany (See Link/File#34).
Every one of these eyewitnesses swore that the "Street/Cadillac" shooter ran towards and shot from that Cadillac, before it drove away. Licho Escamilla was the driver. He was a known member of the "Ledbetter" gang. The "Vagos 18" gang were their rivals. (Tr.R-111 at 106-111). It is safe to assume that Quintin Alonzo would not have ran towards the Black 1994 Cadillac.
UNMASKING THE SHOOTER
Licho Escamilla was the "Street/Cadillac Shooter". He fired the weapon that struck and killed Santos Gauna. Jessica Garcia was Licho Escamilla's girlfriend. She swore that Licho Escamilla admitted to her that he not only killed Santos Gauna, but that he later returned from Mexico and Shot and killed Santos cousin, Michael Torres. (Tr.R-IV at 140-145) She also admitted that in dark lighting, Quintin Alonzo and Licho Escamilla look very similar. (Tr. R-IV at 145-150)
The only reason Licho was never tried, nor convicted for the November 8th 2001 murder of Michael Torres, is due to the fact that he later attended the DMX Nightclub on November 24th 2001, and murdered off duty Dallas Police officer Kevin James. Licho was tried, convicted and sentenced to death for the senseless murder of officer James. (See E.g.; Escamilla v. State 143 S.W 3d 814 Tex. Crim. App.2004). Not only did Licho Murder Officer James he also shot and wounded a fellow Police Officer during the altercation.
Jose Alfonso Escamilla Jr. loaned his 1994 Black Cadillac to his brother Licho Escamilla the night of June 8th 2001. When he gave the keys to Licho it had no weapons nor bullets inside of it. It also had no bullet holes in it. Around 1:15am June 9th 2001 Jose found the car parked in front of his house, with the engine still running. Approximately 5 minutes later the Police stopped him in the vehicle, searched the car and found a live .9mm round. The car was impounded, and after a more extensive search they found a .38 Caliber shell casing underneath the seat. A bullet hole was also noted in the windshield (See Link/File#9). Jose swore to Police that His brother Licho had fled to Mexico between June10-11th 2001. (See Link/File#41) However once Det. Berry told Jose that he had already arrested and charged Quintin Alonzo with the shooting of Santos Gauna, Licho returned to Dallas. (See Link/File#8 and #45) Under Texas Law, flight is an inference of one's guilt. See, (e.g. Colella V. State, 915 S.W.2d 834, 839 n.7 Tex Crim.App.1995).
Juan Lucio saw Licho Escamilla and his Ledbetter gang throw beer bottles at Santos and other people within the crowd. He also witnessed Licho being the first "Street Shooter". (See Link/File#46-47)
Tony Tovar went to the June 8-9th 2001 party with Licho Escamilla and the Ledbetter gang. He heard that Licho and Juan Escamilla were the "Street/ Cadillac" shooters. (See Link/File#30-31)
Kisha Randle Gabriel overheard Tony Tovar telling Charity Jones on or around June 10-11th 2001, that he "Shot that mother fucker, we had beef at school". Charity asked Tony how many shots he fired, into which he answered "I don't know, I just started busting at those fools". At that time Charity asked Tony who? Tovar answered "The mama, the daddy and that nigga". Tover further stated "he tried to bust his cousin, but he jetted off". Tovar also told Charity that "his step father had taken him off for a few days until things cooled off". Kisha spoke to Det. Berry on July 12th 2001 and further identified Tony Tovar as the man who spoke with Charity Jones. (See Link/File#48-49)
Enrique Rojas heard direct eyewitnesses saying that Licho Escamilla was the shooter. (See Link/File#37 and #50)
Celeste Nicole Gonzales witnessed Licho Escamilla shooting in the direction of Isabel's home and the crowd gathered there. (See Link/File#51) Her friend Louis was cut during the shooting.
Alejandra Rodriguez swore the party turned bad when Licho Escamilla showed up. (Fed.Evid. at 215) She left the DPD between 7:00-8:00am on June 9th 2001. Between 8:00-8:30am she say's that Licho Escamilla came to her home looking for his brother Juan Escamilla. Licho was visibly scared. (Fed.Evid at 222-223) Around 3:00-4:00pm Licho and Juan returned to her home. They boasted about shooting Santos. However Raphael, who was a cousin of Santos, was also at her home and asked them to leave. (Fed.Evid. at 227-229) Juan asked her to forgive Licho for shooting Santos. (Fed.Evid. at 230) Santos had another cousin named Michael Torres who later confronted Licho for killing Santos and was himself murdered by Licho. (Fed.Evid at 230-231)
All of the facts of record point to Licho Escamilla. He was literally a one man crime spree. 90 days after Santos was shot to death, on September 10th 2001, Licho stole a car and led Dallas Police on a high speed car chase. He was placed on probation for that crime. Two months later on November 10th 2001, Licho is believed to have shot Michael Torres to death. Sixteen days after the shooting of Michael Torres, Licho Escamilla shot and killed Dallas Police Officer Kevin James, wounding another Officer in the process. While in the Dallas County Jail Licho boasted to a T.V reporter that he "shot that faggot cop". He proudly detailed the shooting during his October 21-31st 2002 trial. To date he awaits his fate for the crime on Texas Death Row. He also has remained silent on the deaths of Santos Gauna and Michael Torres. Sources say that when his legal actions are exhausted, he could possibly admit to other crimes including the Murders of Santos Gauna and his cousin Michael Torres.
To see the entire legal picture of Licho Escamilla's see (Escamilla V. Thaler no.3:06-Cv-2248-0 (bh); 2001 U.S Dist. Lexis 41784 N.D Texas Mar.26 2012).