Retrial Begins in Slaying of Teen in 1991

A 14-year-old girl was intentionally shot to death as she fled in fear from a fight at a party, a prosecutor alleged Wednesday in the first day of the retrial of a former Irvine man.

The defense attorney, however, questioned the credibility of potential witnesses who are expected to tell jurors that they saw Albert Garcia Guerrero, 29, fire at the car carrying Lilia Vianey Guevara of Westminster.

Both sides agree that Guerrero did not fire the fatal shot, which is believed to have been fired by Robert Garcia, who is at large, possibly in Mexico.

Guerrero, however, “was part of the gunfire that ultimately led to the murder” of Guevara and attempted murder of her friend, prosecutor Lew Rosenblum said. Guerrero’s older brother, Ruben, already has been convicted of first-degree murder for his role in the killing.

The shooting occurred in September of 1991 at a Friday night party that followed a football game at Tustin High School. When Guevara and her friends arrived at the party in Tustin about 9:45 p.m., Rosenblum said, a fistfight erupted and shots were fired. She and her friends got back into their car and drove away, the prosecutor said.

But as she turned around to check on one of her friends, a bullet came through the rear window, passing through the seat and piercing her heart, Rosenblum said.

Guerrero had fled to Mexico and was arrested. He was convicted in 1996 of assault with a deadly weapon, but the jury deadlocked 10 to 2 on the murder charge in favor of a guilty verdict.

Thomas Goethals, who represents Guerrero, maintained that his client did not kill Guevara and should not be held responsible for the murder.

The defense attorney said a neighbor and another passenger in the Samurai who have made statements in the past indicating that Guerrero was not involved. Goethals added that some witnesses who are expected to testify for the prosecution cannot be trusted.

“They have continued to change their stories,” he told the jury. “Are you willing to make those credibility calls?”