Man ordered to stand trial in Modesto murder-arson; co-defendant testifies

A woman charged with murder and arson on Friday testified that she started a fire at a west Modesto home, where a man was found dead nearly four years ago.

Deputy District Attorney Sam Getrich asked Nicole Marie Pappas why she started the fire where Guadalupe Mario Tubera’s body was found. “I ask myself that every day,” she answered on the witness stand.

Pappas testified that she volunteered to help her friend and co-defendant, Clinton Curtis Wilson, who also is charged with murder and arson in Tubera’s death. Authorities allege Wilson shot to death Tubera over stolen marijuana and a laptop computer. Wilson is also accused of burning the house to conceal the alleged crime.

Wilson tried to start a fire but was afraid the fire never started, according to Pappas’ testimony. She said she offered to check on the home to help her friend, but she now knows there’s no excuse for her actions.

The defendants are being prosecuted separately. Pappas’ testimony was part of Wilson’s preliminary hearing, which concluded Friday afternoon. Stanislaus Superior Court Judge Scott Steffen decided there was enough evidence for Wilson to stand trial. He was scheduled to return to court May 19 for an arraignment hearing.

County forensic pathologist Sung-Ook Baik testified Friday afternoon that Tubera was found with two gunshot wounds. He also said the autopsy showed Tubera inhaled some smoke before he died. A toxicology indicated Tubera’s body had a high concentration of methamphetamine.

The fire started sometime after 1 p.m. May 4, 2011, at the home in the 1700 block of John Street, three blocks south of Robertson Road. The house was vacant and being remodeled, and Wilson watched the property with the owner’s permission.

Wilson told investigators that Tubera had admitted to committing the theft and returned some of the stolen property, according to a filed arrest affidavit for Pappas. Wilson said Tubera showed up at the John Street home uninvited.

Tubera chased Wilson around the home with an electric chain saw before he shot Tubera, according to the affidavit. A fire investigator has testified that an electric chain saw was found near Tubera’s body.

Pappas said in court that she was living in Lodi at the time and would come to Modesto to hang out with friends frequently. She said she was addicted to meth then and sometimes used the drug with Wilson. She testified that she used meth a lot, smoking or injecting more than a gram of meth a day. She had used the drug three consecutive days leading up to Tubera’s death.

Pappas was at a Modesto motel room when Wilson arrived the afternoon of May 4, 2011. She testified that Wilson spoke about the shooting, and she never heard him say he shot Tubera in self-defense. She offered to check on the fire that Wilson had tried to start, she said. She grabbed a brown paper grocery bag she found at the motel and got a ride to the John Street house.

Pappas walked up to the house by herself and saw no flames or smoke coming from the home. She used her shirt sleeve to cover her hand as she opened the door. She testified that she didn’t want investigators to find her fingerprints on the doorknob.

She entered the home, with one foot inside and the other outside the door, and spotted a pile of construction debris. Pappas testified she didn’t see Tubera’s body. She used a lighter to set the bag on fire before tossing it on the debris pile. She said she then left the burning home.

After Pappas finished her testimony Friday morning, the judge scheduled her to return to court May 19 for a pretrial hearing. There has been some indication that prosecutors have discussed a possible plea deal with Pappas, but no resolution has been announced. Both defendants remain in custody at the Stanislaus County jail.

This story was originally published May 1, 2015 at 6:19 PM with the headline "Man ordered to stand trial in Modesto murder-arson; co-defendant testifies."