Trial for man charged in shooting to begin Nov. 21
Cortes-Serrillo accused of killing man in Yuma
In what was the last hearing before going to trial, attorneys said they were ready to proceed in the case of a San Luis man who fled to Mexico after he allegedly shot and killed another man three years ago outside the entrance of a Yuma restaurant.
In court on Wednesday, Superior Court Judge Brandon Kinsey asked both counsels if there were any remaining matters that needed to be resolved that would prevent Modesto Cortes-Serrillo’s trial from getting underway as scheduled at 9 a.m. on Nov. 21.
Attorney Jerry Hernandez of the Yuma County Public Defender’s Office, who represents Cortes-Serrillo, informed the court that he had spoken with the prosecution and they were in agreement as to the evidence to be entered and how the trial was to proceed.
Cortes-Serrillo, who has been in the Yuma County jail since he was extradited back to the country in January, has been charged with premeditated first-degree murder in the fatal shooting of 43-year-old Santiago Olivo-Diaz on the evening of April 13, 2014, outside Lin’s Grand Buffet, 2135 E. 16th St., following a verbal altercation inside the restaurant.
Citing extensive media coverage the case has received over the years, Hernandez also requested that he and the prosecution be allowed to give a short opening-like statement to potential jurors before jury selection begins.
Prosecutor Karolyn Kaczorowski, of the Yuma County Attorney’s Office, added that she thought it would also be a good idea to have all the potential jurors fill out a complete questionnaire on the first day of jury selection to determine how many are familiar with the case.
Kaczorowski, who is co-prosecuting the case with Megan Gallagher, continued by saying doing so would give her and the defense time to review questionnaires by the time potential jurors return for the second day of jury selection on Nov. 28.
Doing so she said, will allow them to identify which potential jurors should be dismissed, eliminating them so they would not need to be questioned during the jury selection process.
Judge Kinsey will decide the matters at a hearing in his chambers at 10:30 a.m. on Nov. 13.
According to Yuma police, on the evening of the shooting Cortes-Serrillo, who was 44 years old at the time, and Olivo-Diaz, who was also from San Luis, were involved in a disturbance inside Lin’s Grand Buffet. After the disturbance became physical, Olivo-Diaz ran outside and was chased by Cortes-Serrillo.
Cortes-Serrillo then allegedly shot Olivo-Diaz multiple times, killing him. Police say Cortes-Serrillo then fled the scene in a black 1996 Toyota Camry that was later found abandoned in San Luis, Ariz.
Both of Cortes-Serrillo’s children, Daisy Cortes and Modesto Jaime Cortes, were convicted of helping him evade arrest and flee the country following the shooting.
Daisy Cortes, who drove her father to Mexico, was sentenced to a year of supervised probation in September 2014. She had pleaded guilty to one count of attempted hindering prosecution in a plea agreement.
Modesto Jaime Cortes, who withheld information about his father’s whereabouts and gave him money, was found guilty of hindering prosecution in February 2015 following a three-day trial. He was also sentenced to a year of supervised probation.