Prosecutors question Santa Rosa slaying witnesses' testimony

Two young men testifying in a preliminary hearing this week appeared to struggle with the truth about what they witnessed in the shooting death of another young man last year near the Sonoma County Fairgrounds.

Jesse Morales, 18, and Axel Diaz Higuerida, 17, are being prosecuted as adults in the Sept. 29 slaying of Andrew "Buddy" Saludes-Smith, 19, outside an apartment on Citrine Way in Santa Rosa. Investigators say the killing was gang-related, though Saludes-Smith's family has denied he was in a gang.

Several witnesses -- including friends of the defendants and the victim -- have had to be advised that if they lied they could be prosecuted for perjury, a felony that carries a maximum four-year prison term.

Christian Gomez, 21, was arrested and brought to court in custody after he failed to show up after being subpoenaed twice by prosecutors. He testified under a grant of immunity for criminal culpability in the Saludes-Smith slaying.

Gomez told police several days after Saludes-Smith's death that he and Saludes-Smith had gone to a party together before the shooting. According to police reports, he told investigators the two of them got out of a vehicle and walked toward two young men they thought might be sureño gang members. Gomez acknowledged some of his relatives are norteños, but he denied he is one.

He told officers he heard a gunshot, ducked and then saw the suspected sureños running away, according to reports.

In court, Gomez, who often appeared confused, denied telling the officer those details of the shooting and said he didn't remember many others.

"Come on, you going to take a cop's word over my word?" he challenged Higuerida's attorney, Stephen Turer, after a barrage of questions. "Who are you going to believe?"

During his second day on the stand Thursday, Gomez testified that he couldn't remember the particulars of the evening because his daily marijuana smoking has impaired his memory. Hands covering his face, he replied, "I just don't remember saying that" to dozens of questions.

But he said he was "positive" he told police he didn't see the shooting because he went into the bushes to urinate rather than walk with Saludes-Smith toward the other two men.

Gomez's testimony conflicted with that of another witness, who said Gomez was not in her van when Saludes-Smith got out moments before the shooting.

That witness, a 19-year-old woman who drove Saludes-Smith to the hospital, admitted lying to police repeatedly about what happened.

Earlier in the week, another young man testified that he never spoke with detectives about the case, wasn't with Higuerida when he was arrested and had not been at a party in the fairgrounds neighborhood.

"I never met up with no detectives," Pablo Perez said.

Perez, 20, stood by his testimony for several hours, even after prosecutor Bob Waner showed him transcripts of the audiotaped statement he gave to detectives at Santa Rosa police headquarters in October.

Perez smiled so frequently during his testimony that Waner at one point asked him if he thought the proceedings were funny.

After Superior Court Judge Kenneth Gnoss asked Perez if he understood he could face years in prison if convicted of perjury, Perez relented during a vigorous cross-examination by Turer and further questioning by Waner.

"Would you rather face a possible four years in prison for perjury or tell the truth now about what happened?" Turer asked him.

"Tell the truth," Perez said, clearing his throat.

Perez acknowledged telling police that he had gone to a party with Higuerida and Morales in a truck driven by Pedro Cobarrubias.

He said he and Cobarrubias were leaving when Morales and Higuerida came running up to his door.

He said he told detectives they "seemed to be scared" and said a norteño had "pulled down on them," meaning a rival gang member pointed a gun at them.

He testified that he couldn't remember telling police that "Morales pointed a gun and shot once."

Morales and Higuerida are both being held without bail, Morales in Sonoma County Jail and Higuerida at Juvenile Hall. They face potential life prison sentences if convicted of the murder and gang charges.

Staff Writer L.A. Carter can be reached at 568-5312 and lori.carter@pressdemocrat.com.