PHOENIX — The trial for a man charged with murder continued on Monday for the third week. The state called its key witness to the stand.
The witness testimony is years in the making. In 2021, the case was about to go to trial but the witness was deported. The witness is now back.
In October of 2020, Jesus Saenz Luna told Phoenix PD he witnessed the aftermath of Alfredo Gutierrez murdering Lee Rice in a Phoenix home that belonged to Gutierrez's brother. Luna said Gutierrez confessed to him, then threatened him and told him to help clean up the crime scene.
"He said, 'I hit your friend and he couldn't stand the hits,'" Luna said referring to Gutierrez. "I asked him if he needed me to take him to the hospital. He said he wasn't going to need no hospital."
Rice's body was ultimately found by police zip-tied inside of a blue barrel. He had blunt force injuries and damage to his wind pipe. The barrel was in the guest bedroom Gutierrez stayed at in his brother's home.
Luna testified that he witnessed Gutierrez dragging Rice's body through the home and began putting his body into the barrel. He said Gutierrez pointed a gun at him. He provided police with a drawing showing the layout of the home.
"I was a little scared by him carrying the gun," Luna said.
While Luna is the key witness in the state's case, he is also at the center of the defense.
Gutierrez's legal team is using an alternate suspect defense and alleges Luna is actually the one who killed Rice.
"The body was in the house because you moved it to that bedroom, didn't you?" asked defense attorney Jamie Jackson.
"No," Luna said.
Jackson honed in on lies Luna told in 911 calls following the murder. He also called out inconsistencies in Luna's testimony compared to his initial interview with detectives.
"Did you tell [the Phoenix PD detective] that Lee's body was in the barrel at the house all day?" Jackson asked.
"I don't recall," Luna said.
Jackson's cross-examination of Luna will continue on Wednesday.
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