Prosecution witness claims shooting victim was unarmed

Prosecutors wrap up case in Dustin Osborne murder trial

SAN ANTONIO – The cousin of a man who was shot to death at a party testified Monday that his relative had been unarmed when he found his body.

Noe Quintanilla, 26, was a prosecution witness in the murder trial of Dustin Osborne, 21, who is charged in the shooting death of Ralph Lopez, 34.

Osborne's attorneys claim that Osborne killed Lopez in self-defense.

Quintanilla told jurors that he attended the party on Aug. 11, 2014, and that he heard Lopez arguing with Gabriel Aguilar, who had just arrived at the party, which prosecutors described as being fueld by beer and drugs.

"I didn't want any part of it, and I didn't know what was going on," Quintanilla testified. "People were yelling, and it wasn't my business, so I just backed away."

Quintanilla said seconds later, he heard gunfire.

"I ran to the back again, and then back out, and that's when I saw a body, my cousin, on the floor, and I just left," Quintanilla said.

Josh Somers, a prosecutor, asked Quintanilla if he had seen Lopez with a gun.

Quintalilla replied, "No."

"Did you ever, at any point, remove a gun from Ralph's body?" Somers asked. 

"No," Quintanilla said.

Defense attorney Pat Hancock told the jury during opening arguments last week that Osborne, on orders from Aguilar, who is his uncle, shot Lopez in self-defense.

When the defense begins calling witnesses on Tuesday, Osborne is expected to be among them.

Aguilar is facing murder charges in Lopez's death and is awaiting trial.

If convicted, both men face a maximum sentence of life in prison. 

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