2 men to stand trial in death of co-worker

Published: Saturday, Oct. 15 2005 12:00 a.m. MDT

PROVO — A 4th District Court judge ruled Thursday there is enough evidence to order two men to stand trial for their alleged roles in the shooting death of their co-worker at a dairy farm in Elberta.

Sergio Ramos-Trujillo faces a first-degree murder charge for the alleged shooting of his co-worker Jorge Corona. He also faces other felony charges of obstruction of justice and unlawful possession of a handgun.

His co-defendant Agustin Cruz-Silva, who has also gone by Mario Padilla-Rodriguez, is also charged with obstruction of justice and unlawful possession of a handgun. However, prosecutors alleged that there is also enough evidence to charge Cruz-Silva with the felony charge of manslaughter — an increase from the former charge of reckless endangerment, a class A misdemeanor — for providing the alleged murder weapon.

Prosecutors allege that on Sept. 15, after an incident of road rage, Ramos-Trujillo and Corona had another confrontation at their apartment — known as the bunk house — in Elberta. The two then parted, with Ramos-Trujillo telling Corona, "This is not going to stay like this," and repeated it, according to testimony from a former bunk mate during a preliminary hearing in 4th District Court.

That night, Ramos-Trujillo drove from Elberta to Springville to borrow a gun from Cruz-Silva. After Ramos-Trujillo explained the day's fight in a five-minute conversation, Cruz-Silva gave him a loaded 9mm gun and Ramos-Trujillo left for home, uttering a phrase as he left.

Attorneys discussed the Spanish phrase extensively, debating the interpretation of the verb "quedar." Witnesses for the prosecution said they understand the verb to mean "to get," or indicate retaliation against someone.

Defense attorneys argued that the more correct translation of the verb would be "to stay," or simply be in the same place as someone. However, the phrase ended with a vulgar word, which could indicate a sense of anger or frustration on the part of Ramos-Trujillo, prosecutors said.

The phrase and vulgar word, in combination with the other factors, led Davis to find sufficient probable cause to bind over the accomplice for the charge of manslaughter, because Cruz-Silva loaned a dangerous weapon to someone who was using profane language and referring to a previous fight.

"(Cruz-Silva) sending (Ramos-Trujillo) back to that area . . . with a fully loaded gun . . . after he's just had a fight or altercation? That's absolutely reckless," Davis said.

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