El Paso drug cartel killing: Victim was stalked

By Adriana M. Chávez / El Paso Times
Posted: 02/26/2013 10:48:43 PM MST

The calculated assassination of a midlevel Juárez cartel member in El Paso in 2009 unfolded in court Tuesday with testimony about how the cartel placed a hit on someone who turned on the gang.

The testimony was given during the first day of the capital murder trial of Juan Gerardo Gracia Jr., 19, who is accused of participating in the shooting death of Jose Daniel Gonzalez-Galeana, outside of his home on Pony Trail Place on May 15, 2009. If convicted, Gracia faces life in prison with the possibility of parole because he was 16 at the time of the slaying.

Gonzalez-Galeana's death is thought to be the first documented cartel-related slaying in El Paso since the drug wars erupted in Juárez in 2008.

Gracia's best friend, former Army Pfc. Michael Jackson Apodaca, 21, took the stand in state district court Tuesday afternoon and gave a disturbing account of how Gonzalez-Galeana was stalked and how he shot him eight times at close range.

State prosecutors had previously sought the death penalty against Apodaca, who admitted shooting Gonzalez-Galeana. In 2011, Apodaca signed a tentative plea agreement with prosecutors, stating Apodaca would plead guilty to murder and be sentenced to life in prison with the possibility of parole if he testifies truthfully against Gracia and another co-defendant, Ruben Rodriguez-Dorado.

During his testimony Tuesday, Apodaca said Gracia told him in 2008 that Rodriguez-Dorado, who was a member of the

Juárez cartel, was looking to hire someone to kill Gonzalez-Galeana and that he would pay each of them $5,000. The reason for the slaying, Apodaca testified, was that Gonzalez-Galeana had become a government informant, had owed the cartel money and might have killed people in Juárez, although Apodaca didn't elaborate on whom Gonzalez-Galeana might have killed.

Apodaca testified he, Gracia and Rodriguez-Dorado often met at a mutual friend's home on Val Verde Street in Central El

El Paso Pony Trail shooting trial
Michael Jackson Apodaca gets last minute instructions from his attorneys before testifying in the trial of Juan Gerardo Gracia Jr. who is on trial this week, and faces life in prison without parole if convicted of capital murder in the May 15, 2009 shooting death of Jose Daniel Gonzalez-Galeana. (Ruben R Ramirez/El Paso Times)
Paso to plan the hit. On one occasion, Apodaca testified, Rodriguez-Dorado showed him how to take apart a .45-caliber handgun in order to throw the pieces away if police tracked them down.

Rodriguez-Dorado allegedly told Gracia and Apodaca about a second home Gonzalez-Galeana lived in near Borderland Road in the Upper Valley, and showed them where the home was, according to Apodaca. Apodaca testified he and Gracia once went to the home by themselves and saw Gonzalez-Galeana standing outside with his wife and children.

"I could have taken the initiative and killed him if I chose to do so," Apodaca testified.

He said he didn't because he only had a ".22 pistol and one round."

According to Apodaca's testimony, one week before the shooting he, Gracia, Gracia's brother and Rodriguez-Dorado met once again at the home on Val Verde Street. During that meeting, Rodriguez-Dorado decided Apodaca would be the shooter, Apodaca testified.

On the day of the slaying, Apodaca received a call from Gracia asking him to meet at the home on Val Verde. When he arrived at the home, he met with Gracia, Rodriguez-Dorado, and a fourth co-defendant, Christopher Duran, who was a childhood friend of Gracia and Apodaca's.

Apodaca testified he was surprised to see Duran at the meeting because Duran wasn't previously involved in any of the plans, but Rodriguez-Dorado quickly told them what their roles would be.

Rodriguez-Dorado told them to meet at an auto parts store in Canutillo in different cars. Apodaca would travel with the owner of the Val Verde home and drop him off near Strahan Road, off Artcraft Road. From there, Apodaca would run to Gonzalez-Galeana's home, shoot him, then run several blocks toward Rodriguez-Dorado's vehicle parked on Artcraft Road.

Duran served as a lookout, and parked outside a convenience store at Borderland Road and Doniphan Drive to watch for any passing police cars, Apodaca testified. If an officer were to drive by, Apodaca testified, Duran would call Rodriguez-Dorado, who would alert the others.

As Apodaca and his friend drove toward Gonzalez-Galeana's Upper Valley home, they spotted him driving away, Apodaca testified. They called Rodriguez-Dorado, who instructed Apodaca and his friend to regroup at the auto parts store in Canutillo, Apodaca said.

At the store, Apodaca said, he got into a vehicle with Duran. A short time later, Apodaca said, Rodriguez-Dorado instructed them to get on Interstate 10 East. Rodriguez-Dorado had apparently spotted Gonzalez-Galeana and was following him to the home on Pony Trail Place in far East El Paso, Apodaca testified.

Apodaca testified that along the way, he and Duran caught up with Gonzalez-Galeana on Roberta Lynne Drive. Gonzalez-Galeana, possibly spotting Duran and Apodaca, hesitated before turning onto Pony Trail Place.

Duran and Apodaca continued on Roberta Lynn Drive, made a U-turn, then turned onto Pony Trail Place. Apodaca testified he got out of the vehicle, ran up to Gonzalez-Galeana and shot him eight times as he walked toward his home.

"As I shot him, I was moving, then I ran out of rounds," Apodaca said.

He testified he got into the vehicle with Duran and drove away. Apodaca said he called Rodriguez-Dorado and told him, "I just did it," tossed an extra magazine out of the window and took the handgun apart.

Apodaca said Rodriguez-Dorado then instructed the two to meet him at the home on Val Verde. Apodaca testified once he got to the home, Rodriguez-Dorado allegedly took the pistol pieces, sprayed them with WD-40, asked Apodaca to remove his shirt, and burned the shirt inside a barbecue grill. Apodaca said Rodriguez-Dorado asked Apodaca what Gonzalez-Galeana said when he was shot.

"I told him he didn't say a word, and he didn't say anything after," Apodaca said. "He (Gonzalez-Galeana) did scream, but I was ashamed to tell anyone that."

About two days later, Apodaca testified, he told Gracia to tell Rodriguez-Dorado that he was owed more than $5,000 because Apodaca did the actual killing. A week later, Apodaca was again summoned to the home on Val Verde, where Rodriguez-Dorado allegedly gave him $7,500 in cash, wrapped in plastic with his nickname "Smurf" written on it.

In earlier testimony, a former El Paso police officer and a current police lieutenant testified that soon after the shooting, an Immigration and Customs Enforcement agent in Washington, D.C., knew details of the shooting in a telephone conversation with them. Also, one of them testified that ICE agents arrived at the scene while police were investigating.

In a previous hearing in the case against Rodriguez-Dorado, it was revealed that Rodriguez-Dorado was an informant for ICE. In that hearing, it was disclosed that Rodriguez-Dorado and Gonzalez-Galeana had the same ICE "handler."

Apodaca is expected to continue his testimony today in the 210th District Court.

Adriana M. Chávez may be reached at achavez@elpasotimes.com; 546-6117. Follow her on Twitter @ AChavezEPTimes

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