SAVANNAH, Mo. - The state filed additional charges against two murder suspects Thursday, as an alleged co-conspirator testified under tight security about details in the May 2 killing of Antonio Jose Maravilla-Vargas.
Orlando "Sleepy" Cruz, 25, and Jose Quintero, 17, each face first-degree murder charges and were charged Thursday with armed criminal action. The state threw a virtual statute book at Mr. Quintero, adding felony charges of hindering prosecution, tampering with evidence, abandonment of a corpse and, for good measure, a misdemeanor charge of leaving the scene of a shooting.
The state had to prove Thursday that there was probable cause for a reasonable person to believe a crime had been committed in Andrew County.
Platte County Prosecutor Eric Zahnd, a co-prosecutor in this case, and Steven Stevenson, Andrew County prosecuting attorney, trotted out their star witness for the hearing - Enrique Hernandez-Hernandez, the alleged bagman and go-between for the contract killing.
Mr. Hernandez, 28, took the witness stand with a court-appointed interpreter. He lowered his head and closed his eyes, only rarely looking up during the three hours of testimony and cross-examination from three defense attorneys. Mumbling in a voice that was only audible to the interpreter, Mr. Hernandez told how he came to St. Joseph 10 years ago to work as a cook at Chu's Restaurant and eventually started working as a jack-of-all-trades for Antonio Onate at La Mesa, the Mexican restaurant.
Mr. Hernandez said he received $3,000 from Mr. Onate to arrange the killing of Mr. Maravilla-Vargas, which he used to buy a maroon Nissan Pathfinder. He said that Mr. Onate gave him additional money in two white envelopes, but he never counted it. Under cross-examination, he said the amount was over $10,000 and that he kept all the money, never paying the alleged killers because he was afraid.
Mr. Hernandez said that on May 2 he called Mr. Maravilla-Vargas, who was at Applebee's Bar and Grill, and told him Mr. Cruz and Mr. Quintero would pick him up so they could go eat. The three men then allegedly picked up Mr. Hernandez and had a "Chinese fire drill," changing seats so Mr. Maravilla-Vargas could sit in the front passenger seat. Mr. Hernandez said he drove toward Denny's Restaurant.
On Woodbine Road, the witness said that "Sleepy" Cruz shot the victim in the back of the head as the vehicle passed the St. Joseph Cablevision offices. The bloody victim lay in the seat as Mr. Cruz directed the Pathfinder onto Interstate 29, heading for Andrew County.
Subsequent testimony from a deputy sheriff revealed that the weapon had been a .22 caliber pistol.
On May 2, the Pathfinder with the three men and their victim turned onto County Road 417. Mr. Hernandez said he stopped the vehicle on the road as Mr. Quintero stabbed the victim with a long knife. Then, according to the state's witness, the shooter and knife man hauled their victim from the Nissan and left him in a ditch, but not before Mr. Cruz fired two more rounds of ammunition into his victim.
In other court records, Mr. Quintero has said that Mr. Hernandez stabbed the victim.
On cross-examination, Mr. Hernandez revealed that this was his third and correct confession. His most frequent answer to questions had been "I don't remember."
Associate Circuit Judge Mike Ordnung found there was probable cause in both cases and ordered the two men to be arraigned before Circuit Judge Patrick Robb on Oct. 23. Mr. Onate will appear at the same hearing, since he waived his right Thursday to a preliminary hearing.
The state can still seek the death penalty against Mr. Onate, Mr. Cruz and Mr. Quintero. Defense attorneys could file motions on behalf of their clients for separate trials, a change in judge or a request to try the case in another location.
Mr. Hernandez's case isn't expected to go to trial until after the cases against the other three have been prosecuted.
Andrew County Sheriff Brian Atkins took no chances with security Thursday because all four defendants were in court. The south side of the courthouse square was closed as defendants were brought to court. Courthouse visitors couldn't walk upstairs part of the time, all visitors were screened for metal and at least seven officers were always in the courtroom. The judge refused to allow anyone who left the courtroom to return. The Missouri State Highway Patrol and the Country Club Village and Savannah police departments also were on hand.
Marshall White can be reached
at marshall@npgco.com.
