Witness identifies suspects in Modesto deadly shooting of Lacy Ferguson

Anthony Warren said he saw David Aguilar and Pete Garcia fire shots from a car at a west Modesto convenience more than 13 years ago. Gunfire from that car killed Lacy Marie Ferguson and injured two others.

“David stuck his arm out of the car over the windshield and started shooting,” Warren said on the witness stand Wednesday.

His testimony is part of a preliminary hearing for Aguilar, who is charged with first-degree murder in Ferguson’s death. The 25-year-old mother was gunned down Aug. 24, 2003, hit by stray gunfire in an alleged gang-related drive-by shooting.

Warren received leniency from prosecutors in an unrelated criminal case in exchange for his testimony in Ferguson’s murder. He remains incarcerated at the Stanislaus County Jail.

The deadly shooting occurred at the Quik Stop store and gas station on Paradise and Carpenter roads.

There was another car parked in front of the convenience store when gunfire erupted. Warren said a few people were inside the parked vehicle and a man with a blue bandana in his back pocket standing just outside the car.

An ongoing gang rivalry between Norteños, who wear red clothing, and Sureños, who wear blue clothing, has resulted in countless violent attacks throughout the state over the years. After seeing the guy with the blue bandana, Warren had a feeling something bad was about to happen.

“Usually, it’s going to go down,” Warren said in court. “Somebody is going to get shot.”

Authorities say Ferguson and her boyfriend, John Ritchie, had just stepped outside the store when shots rang out from a car that had just pulled into the parking lot. Investigators have said the shots were intended for the parked car. Adrian Vega was in that car.

Ferguson, Ritchie and Vega all were hit. Ferguson was hit in the head and died hours later at Doctors Medical Center in Modesto. The two men survived.

WITNESS KNEW SUSPECTS

Warren said he had known Aguilar for about 10 years before that night. The defendant lived down the street from his dad in west Modesto. He says he had spoken to Aguilar before and immediately recognized him sitting in the passenger seat, with Garcia driving the car. Warren testified that Garcia associated with the Norteños, but Aguilar did not.

Garcia died before authorities could arrest him in connection with Ferguson’s murder. Aguilar was found by authorities in Mexico and was held in prison there since 2014 as he fought extradition. He was brought back to Stanislaus County in May.

Warren said he saw Aguilar put a hoodie over his head as he and Garcia entered the store’s parking lot in the car. He testified that Garcia drove the car through the parking lot before turning around and stopping in front of the store.

Aguilar had the gun, which was covered by a cloth before sticking out the window and firing it at the store, according to Warren. He said the first three shots were fired slowly; about 20 seconds passed before the first and third shot.

Warren said Aguilar’s aim moved higher into the air after the kickback from the first shot. “At a more increased angle after every shot.,” he testified.

Aguilar then handed the gun to Garcia, who fired about six shots in rapid succession, Warren said in court.

Warren was with his brother, Isaac Warren, at the gas station when Ferguson was killed. Isaac Warren testified Tuesday heard about seven or eight shots when the woman was struck by gunfire.

“She was slumped over,” Isaac Warren said in court. “She was the one in front of the Quik Stop smoking a cigarette.”

PHOTO LINEUPS

Isaac Warren testified that investigators showed him two photo lineups in the past several years. He pointed to a man he believed was the shooter each time. As far as he knows, it was the same man in both photos.

He said he could not spot the shooter in court Tuesday while looking directly at Aguilar. “It’s hard to tell, I don’t see him,” Warren said on the witness stand.

Along with the murder charge, Aguilar faces two counts of attempted murder and three counts of shooting at an occupied vehicle. He also faces enhancements to his charges, alleging that he committed the crimes for the benefit of the Norteño street gang and participated in a gun-related killing.

Anthony Warren is expected to continue his testimony Thursday. At the conclusion of the preliminary hearing, Stanislaus Superior Court Judge Nancy Ashley will decide whether there’s enough evidence for Aguilar to stand trial.

This story was originally published March 22, 2017 at 5:42 PM with the headline "Witness identifies suspects in Modesto deadly shooting of Lacy Ferguson."