Investigator, detective testify in fatal shooting case

Tuesday’s proceedings in the murder trial for Modesto Cortes-Serrillo, charged with fatally shooting a man outside a Yuma restaurant three years ago, resumed with a crime scene investigator and a detective testifying about evidence and photos from the scene.

Cortes-Serrillo, who is represented by attorney Jerry Hernandez of the Yuma County Public Defender’s Office, 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.

The defense, in it’s opening statements on Friday, said that it intended to prove that this was not a case of premeditated firstdegree murder as the prosecution contends, but instead was done out of rage after Cortes-Serrillo, 47, saw his wife with another man. The prosecution will try to prove that he planned the murder. The trial is expected to last three weeks.

Crime scene investigator Adrian Rodriguez, in answering questions from prosecutor Megan Gallagher, testified on the stand about crime scene photos, including pictures of some of Olivo-Diaz’s bullet wounds and his body being rolled over and put into a body bag. He also talked about the shell casings found at the scene.

Rodriguez identified several items of evidence that Gallagher placed on an overhead projector as being five spent .45 caliber casings and two pieces of shrapnel, and talked about where they were recovered, including one found inside a Jeep with a shattered rear passenger window.

In all Rodriguez said he collected 35 pieces of physical evidence from the scene, including a fork that was found outside the front door, which Cortes-Serrillo allegedly used to try and stab the victim during an altercation that began inside the restaurant.

When he and the jury were shown photos of evidence markers placed at the scene, Rodriguez also explained that the markers with letters on them indicated items of evidence that were only documented by photo, while the ones with numbers indicated an item that was collected at the scene.

Next to take the stand was Det. Francisco Sines, who testified that a scientific examination report prepared by the Arizona Department of Public Safety’s crime lab determined that all the spent shell casings that had been collected at the scene of the murder matched the gun recovered in the case.

He also testified that he was able to identify Cortes Serrillo as the main suspect based on witness descriptions and surveillance videos from cameras inside and outside of the restaurant.

As the case agent assigned to the case, Sines also testified about YPD’s procedures for maintaining the chain of custody of evidence, and how it is checked out. Other parts of his testimony included him reviewing the 911 calls placed the night of the murder.

Sines’ testimony resumed in the afternoon. With no court on Wednesday the trial will pick back up again on Thursday and Friday. Superior Court Judge Brandon Kinsey, who is presiding over the trail, also dismissed a juror due to illness.

According to Yuma police, on the evening of the shooting, Cortes-Serrillo — who was 44 years old at the time — and Olivo-Diaz of 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 reportedly shot Olivo-Diaz multiple times, killing him. Police say Cortes-Serrillo 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.