DAKOTA CITY, NE (KTIV) - The trial began today for a man accused of killing a South Sioux City, Nebraska man in a gang related killing in 1997.
Thirty-one-year-old Andrew Orellana is charged with first degree murder in the death of Joaquin Guirerro, after being picked up on a random traffic stop back in the Spring.
It's been 12 years to the day since the shooting of Joaquin Guirrero.
The state says it will have five witnesses that were at the scene the day to say Andrew Orellana killed Joaquin Guirrero.
However, the defense says there's no one who can put the gun in Orellana's hand, and there were only three people who know what happened that night. One is dead, one can't be found by the police and the other is Orellana.
The state said it was an incident that happened 48 hours earlier at Atokad Park between a gang Orellana belonged to and a rival gang that gave Orellana motive to kill Guirrero, who was believed to belong to the rival gang.
But, the defense said Orellana wasn't there and had never heard anything about it. And they say a man by the name of Bobby Sears, who was believed to be a leader of the same gang as Orellana, was at the altercation two days before the murder and had motive to kill Guirrero.
A South Sioux City police officer on duty the night of the murder was the first witness to take the stand, and he described the crime scene he saw after arriving on the scene.
The trial will continue Thursday with more testimony, and the defense says Orellana will take the stand eventually in this case.
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