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Boy Testifies He Saw Father Kill Mother

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A 6-year-old boy told a jury Monday that he saw his father shoot his mother and two other Lakeside residents to death in 1988.

Aristeo Hernandez Jr., who told San Diego Superior Court jurors that he goes by the nickname of “Artie,” said his father “got mad” before killing his mother.

Aristeo Hernandez Sr., 29, of El Cajon, is charged with killing his ex-wife, Teresa Hernandez, 24, who was five months pregnant at the time; Jesus Mireles-Rodriguez, 16, and Jesus’ brother, Jose Luis Mireles-Rodriguez, 20, at Teresa Hernandez’s Lakeside residence, on Nov. 16, 1988.

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With his grandmother seated next to him, the boy told a hushed courtroom: “I remember what happened.

“My dad got mad . . . and went over to my house and shot my mom,” said Artie Hernandez.

“Did someone tell you this or did you see it?” asked Deputy Dist. Atty. Dan Lamborn.

“I saw it,” the boy replied.

He said he saw his father with a gun that night, but had ever seen him with a gun before.

“He pulled it out with his right hand,” said Artie Hernandez.

“Where did he get the gun?” asked Lamborn.

“I don’t know,” answered the boy. “He shot two other guys who lived in the apartments.”

“Were they neighbors?” asked the prosecutor.

“Yes,” said the boy.

The defendant’s attorney, Ben Sanchez, did not ask the boy any questions.

Since the killings, the boy and his sister, Vanessa, now 4, have stayed with his slain mother’s parents.

At Hernandez’s preliminary hearing in April, 1989, the boy testified through a videotaped interview.

The boy’s testimony on Monday lasted about six minutes.

The defendant’s mother-in-law, Suzann Schoonover, testified that the couple had marital problems in their 7-year marriage, and that they separated in mid-1988.

Lamborn told the jury in opening statements last week that Hernandez had received a notice the day before the killings that his wages might be garnisheed for failure to pay his wife child support.

Attorney Sanchez has argued that the shootings started, however, after the 16-year-old knocked Hernandez down during the argument. The 16-year-old was shot in that fight, the wife was hit accidentally and the third victim was shot in the face as Hernandez left the apartment, said Sanchez.

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Special-circumstances allegations have been filed against Hernandez because there were multiple victims. The death penalty is not being sought, but Hernandez would be eligible for a life sentence without parole if he is convicted of at least two murders with special circumstances.

Also testifying Monday was a criminalist from the San Diego County Sheriff’s Department who analyzed gun residue on Teresa Hernandez and one of her neighbors.

The trial continues today.

Hernandez remains in County Jail in lieu of $1-million bail, as he has since his surrender one day after the shootings.

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