His mother had ordered her boyfriend, Roger Hernandez, 43, to leave her home on the afternoon of July 11, 2012.
Joshua Orcasitas, who was 19 at the time, followed Hernandez into the street aiming a gun at him, according to a witness.
Gary McCray, testifying in Orcasitas’ murder trial on Wednesday, said that Hernandez went for Orcasitas’ gun.
“He grabbed it, and pulled it down and then a shot goes off,” McCray testified.
The shot went into the ground as the pair continued to struggle, McCray said. He said Orcasitas hit Hernandez in the head with the gun and, as he staggered away, shot him in the head at point-blank range.
Michael Gross, Orcasitas’ attorney, said in his opening remarks that it was a case of self-defense and not murder.
“Roger was the one fighting for his life as he tried to grab the gun,” prosecutor Karl Alexander countered.
Gross said that Hernandez was a violent drunk who the Orcasitas family was trying to get to leave their home, where he had been living with the family.
“He was banned from the home by Delilah (Orcasitas) because he was acting violent and getting drunk,” Gross said.
If he is convicted of murder, Orcasitas faces a maximum sentence of life in prison.
Testimony will resume on Thursday in Judge Mary Roman’s 1765th District Court.