Crime

Man who fired gun in 2009 home invasion is cross-examined in court

jjohnston@thetribunenews.com

Two men in their 20s testified Monday in San Luis Obispo Superior Court about their fear and shock when two robbers entered their home in the summer of 2009 — one of them brandishing a gun.

But defense attorney Thomas McCormick sought to poke holes in the witnesses’ story to back up the contention that his client, Jesse Bakerriley, was simply trying to collect a debt and became the victim of a shooting.

Bakerriley has pleaded not guilty to murder by provocation as well as robbery and burglary charges. Prosecutors argue the shooting at a Los Osos home in July 2009, which led to the death of his alleged accomplice, Kelsey Alvarez, was Bakerriley’s fault.

In an often tense exchange with Peter Davis, a key witness for prosecution, McCormick elicited the acknowledgment from Davis that more than $5,000 in cash — some of it belonging to a roommate — was in various locations in the home.

Davis, 23, testified Monday that the money was under-the-table cash he earned from construction work.

Davis said he kept a gun in his home because of threats he’d received on the phone about somebody knowing where he lived.

Some of his legally prescribed medical marijuana plants also had recently been stolen, Davis said.

Davis said he had a doctor’s approval for medical marijuana use in his home as well as approvals for several other people.

In his testimony last week, Davis described fearing for his life when two men knocked on his door as he and a friend, 20-year-old Dylan Baumann, were preparing to eat their take-out Thai dinner and watch a movie. Davis said Bakerriley wielded a gun, warning Davis not to try anything because he was a thug.

Baumann backed up much of Davis’ story Monday, saying that the men barged in and asked them if they’d seen the movie “Pulp Fiction.” The intruders ate some of the food while demanding marijuana and money.

Davis testified he grabbed a gun he had near his roommate’s bed after Bakerriley forced him into a back room. Once he had the gun, Davis started firing shots at Bakerriley.

Three bullets struck Bakerriley, who survived, and one struck Alvarez and killed him.

Davis said that he didn’t know he’d hit Alvarez, who witnesses said was running from the home with Baumann after shots were fired.

Davis said that when he later saw a man’s leg edging around the corner of a building, he didn’t want to know whose it was, fearing it was his friend.

“I didn’t want to find out,” Davis said. “That wasn’t the last way I wanted to see my friend.”

McCormick asked Davis why he didn’t call 911 or check to see where Bakerriley was shot.

Davis said he was in shock and he was “preoccupied” in the moments after the shooting with securing the guns he and Bakerriley had. A neighbor testified she called 911.

“I didn’t take his clothes off and examine him,” Davis said. “I was a little busy.”

Baumann described “booking it” once he heard the shots fired. Witnesses saw him sprinting down the street with Alvarez running close behind. Then Alvarez, bleeding profusely, dropped to the ground. Baumann said he thought his friend was dead inside the apartment.

Later that night, they hugged when they learned they both had survived, Davis said.

The trial resumes today at 10 a.m. in Judge Barry LaBarbera’s courtroom.

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