Youth Goes on Trial in Slaying of Sister : Crime: The prosecutor claims that the fatal shooting stemmed from an argument over use of the phone, but the defense says it was an accident.

An argument between a brother and sister over use of the family telephone led to the fatal shooting of Gema Marie Hubler, the prosecution contended Wednesday during opening statements in the murder trial of her 14-year-old brother, Richard.

But Deputy Public Defender Sharon Petrosino countered that the June 14 shooting of the 12-year-old girl was accidental and evidence will show that the boy did not know the gun was loaded when he pointed it at his sister.

“He was very close to his sister and he loved his sister,” Petrosino told Superior Court Judge Robert E. Thomas, who will decide Hubler’s guilt or innocence. The Anaheim boy is being tried as a juvenile. If convicted of murder with a firearm, he could be held by the California Youth Authority until he is 25.

The defendant, who has remained in custody since the shooting, sat with his head bowed as the prosecution outlined the case against him.

That case is expected to center on witnesses who overheard portions of the argument between the youngsters, and audio and videotapes made by police that Deputy Dist. Atty. Brent F. Romney said would show inconsistencies in Richard Hubler’s account of the shooting.

The judge spent most of Wednesday viewing the videotapes of Hubler’s interrogation by police. Romney said the judge would allow the tapes to be introduced as evidence.

During his opening statement, Romney said the boy was serving juvenile probation at the time of the shooting for two weapons-related charges that stemmed from shooting a neighbor in the back with a pellet gun in 1988 and for having stolen a .357 Magnum pistol.

Hubler was incarcerated for 60 days on the theft charge. He also had been ordered not to possess or use firearms.

Several days before the shooting, Hubler’s parents took a pistol away from him and hid it, Romney said, but the youth later obtained a .22-caliber rifle.

Knowing that he could be sent to Orange County Juvenile Hall for violating the terms of his probation, Romney alleged that Hubler “would lie or do whatever to keep from being found out.”

On the morning of the shooting, Romney said that Hubler fired the rifle twice while talking to a girlfriend on the telephone. During that conversation, Gema entered the room and said she needed to use the telephone.

The prosecutor said a name-calling argument followed and Gema threatened to tell their mother that Richard had a new weapon.

Moments later, Gema was talking to her boyfriend on the telephone when she broke off the conversation. Romney said the boyfriend heard a loud popping sound and then someone hung up the telephone.

The girl died four days later when she was removed from a life-support system.

Romney said he would introduce evidence showing that the boy hid the rifle and spent shells before calling for emergency assistance.

An audiotape of Hubler’s call to 911 shows him describing a single assailant entering the house and shooting his sister, Romney said. In later statements to police, Romney said, Hubler would blame the shooting on three masked men who were members of a neighborhood gang that he had previously encountered.

“Richard Hubler lies and he lies and he lies,” Romney said.

Only after being pressed by police did Hubler acknowledge responsibility for shooting, claiming that it was an accident, which was another lie, Romney contended.

But Petrosino said Hubler cared about his sister, threatening one of his friends once for making a derogatory comment about her.

“The evidence will show they fought like any other brother and sister,” Petrosino said.

Because the weapon was defective, Petrosino contended, ballistics tests will show that it could appear to be unloaded but still contain bullets.

She said that Hubler had clicked it eight or nine times before the fatal bullet was fired.

“He did not know it was loaded,” she said.

Hubler initially lied to police because he felt “no one believes me when I tell the truth,” she set forth as his explanation.

Petrosino said the police videotape also shows that the defendant “prays to God . . . that his sister does not die.” The police detective was out of the room, the attorney said, and the prayer “was not for show.”

Testimony is scheduled to begin today.