His 92 Unforgettable Days in 1993 : Investigation: New evidence from three witnesses of murder and a search of Sheriff’s Department telephone logs led to the charges being dropped.

The emergence of new evidence in the Dec. 4 murder of Martin Cuevas has prompted the Los Angeles County Deputy District Attorney’s office to withdraw murder charges against Armando Velasquez, Deputy District Attorney Michael Mallano said.

Defense attorney Henry Salcido provided statements from three witnesses of the murder who said Velasquez was not the killer.

Velasquez also told police that he saw Los Angeles County Sheriff’s Department deputies respond to a call at his location 45 minutes before the murder. Through a search of Sheriff’s Department telephone logs, Mallano was able to confirm that Velasquez was at his stated location.

Velasquez spent the night of Dec. 4 with his brother George, 23, and George’s girlfriend, Denisha Guerrero, 18.

The three, who were preparing for Velasquez’s 18th birthday the next day, went to a Subway sandwich shop in Lomita shortly before deputies responded to a complaint about a transient masturbating in the parking lot.

No arrest was made and no report was taken, but the log revealed that a 10:45 p.m. call was made to the location, five miles from the murder site in Wilmington.

“Although it’s logistically possible that Armando could have driven from Lomita to Wilmington between then and 11:30, the motive for the shooting was not there,” Mallano said.

Cuevas, 29, was shot after an argument with the killer on the 400 block of Island Avenue.

The killer brandished a .22 caliber handgun and fired several rounds into the air before the gun jammed.

Cuevas taunted the killer while he attempted to clear the firearm. The killer then fired a shot into Cuevas’ abdomen. Cuevas was pronounced dead shortly after midnight at Harbor City Medical Center.

Salcido also provided the district attorney’s office with statements from Davenna Calleros, Tony Urrea Sr. and his son, Tony Urrea Jr., who witnessed the shooting. Each statement exonerated Velasquez of the killing.

Calleros, 17, a former classmate of Velasquez at Wilmington Junior High and Banning, was home the night of the murder. She heard gunshots before walking outside.

“I thought somebody was just playing around,” Calleros said. “I saw some guy take a shot and then (Cuevas) falling to the floor.

“The guy just turned around and walked away like it was nothing. I didn’t see he his face, but I knew it wasn’t Armando because he was too skinny and had long hair. Armando is a lot stockier and has short hair.

“I know Armando couldn’t hurt a fly,” Calleros said.