Murder verdict in deaths of 2 men

A Ceres man was convicted Friday of two counts of second-degree murder stemming from an exchange of insults that sparked an early morning confrontation and resulted in the shooting deaths of two men.

Timothy Carrillo, 36, is accused of showing up at his cousin's apartment about 4 a.m. April 15, 2008, then opening fire on her boyfriend, Pete Garcia.

Authorities said Garcia, 29, died after an exchange of gunfire with Carrillo, and Cary Thompson Jr., 22, was caught in the crossfire as he slept on a living room couch. The men, both from Modesto, died at the scene.

Carrillo faces 80 years to life in prison, said his defense attorney, Ernie Spokes. Carrillo's sentencing hearing has been scheduled for Dec. 18. Spokes said he plans to file a motion for a new trial.

Deputy District Attorney Richard Gore prosecuted the case for the Stanislaus County district attorney's office. He could not be reached for comment Friday.

"This was a difficult case, because both the defendant and one of the victims engaged in gunfire," said District Attorney Birgit Fladager. "However, when you go over to someone else's house in the middle of the night armed with a firearm, you really can't expect a jury to give you a free pass for killing two people."

Olivia Valdovinos, who dated Garcia, described the scene at her apartment on Evans Road in Ceres. She told the court that Carrillo, her cousin, showed up at her door with a gun shortly after a female cousin had exchanged insults with Garcia.

Spokes said his client confronted Garcia after he heard Garcia was physically abusing Valdovinos. Spokes said Carrillo took the gun for protection because he knew Garcia had a history of violence.

Prosecutors said Carrillo went to the Almond Terrace Apartments with a plan to shoot Garcia. Spokes said Garcia was the first to open fire, and Carrillo fired shots in self-defense.

"My client did not have the intent to kill when he went over there," Spokes said. "The real question is: Who fired first?"

Spokes said the prosecution had one witness, Valdovinos, who testified Carrillo fired shots first.

The defense had three witnesses, Spokes said, who went with Carrillo to the Ceres apartment when the shooting occurred. The witnesses later testified that Garcia fired first, he said.

Garcia shot Carrillo twice.

The trial did not produce a definitive answer as to who fired first. Prosecutors said the evidence strongly pointed to a simultaneous outburst of gunfire.

Instead of handing out two first-degree murder convictions, the jury returned with guilty verdicts of second-degree murder. First- degree murder convictions require premeditation.

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or 578-2394.

This story was originally published September 25, 2009 at 10:55 PM with the headline "Murder verdict in deaths of 2 men."