Day two of testimony continued Wednesday in a capital murder trial of the father of a teenager who investigators say gunned down three other teens in a Garland convenience store in 2021.
Neither side is disputing whether Abel Acosta pulled the trigger. The now-15-year-old has been a fugitive of the law since the shooting on Dec. 26, 2021.
A Dallas County jury will soon decide if Abel’s father, who was with him that night, is just as guilty.
Day two of testimony included fingerprint analysis results, cellphone records and detailed detective work in the hours and days after the triple murder. Families of the three teens killed continued to show up to court, sitting through the presentation of graphic evidence including autopsy photographs.
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“Right now we are his voice and we’re here to get our justice,” said Brenda Salinas, the aunt of victim Xavier Gonzalez.
Prosecutors are trying to convince the jury that fingerprint, phone tower records and forensic evidence confirm Richard Acosta Jr. was in his white pickup truck, leaving it in drive, waiting to be his son’s getaway driver.
Acosta Jr.’s defense admitted the father and son stopped at the convenience store the night of the murders.
The father says he was only there to purchase pain medicines for his pregnant wife but his son noticed two teenagers who may have information about his stolen necklace.
Acosta Jr.’s attorney, Heath Harris, told jurors he tried to keep his son from getting out of his truck to confront the teens but was not able to hold him back.
Acosta Jr.’s truck is seen on surveillance video pausing several times before returning to the store.
A shirtless Abel Acosta, then 14 years old, is accused of getting out of the truck, creeping up to the store’s front door and opening fire on the people inside.
Police say he fired 20 shots, killing 14-year-old Xavier Gonzalez, 16-year-old Ivan Noyola and 17-year-old Rafael Garcia.
A 15-year-old cook at the taco shop was also shot but survived.
By all accounts, the youngest victim, Xavier, was an innocent bystander waiting for his food order. The teen is shot 10 times.
Graphic surveillance video inside the store shows Xavier falling to the floor, using a chair for cover before the gunman runs closer and shoots at close range.
Salinas says the victim’s family is filled with sadness and anger during the trial. The first day of the trial proved to be the most difficult day for them, she said.
“Seeing him be attacked by Abel, especially right in front of him, just standing on him and shooting, was the hardest,” said Salinas.
Victim Ivan Noyola’s father, Mario says the person at fault in this tragedy is Acosta Jr. because he was the adult in the situation and brought his 14-year-old son to do harm to others.
“I’m sad. I’ve got rage and anger that if I could I would kill the father myself,” he said in Spanish.
Acosta Jr. said he only knew his son wanted to go inside the store to confront Ivan or Rafael about his stolen necklace but insisted he did not see a gun and only drove away because he heard gunshots.
When it comes to the now-15-year-old murder suspect, Acosta claimed he drove home the night of the shooting and that the last time he saw his son was when Abel was walking upstairs.
If Acosta Jr. is convicted of capital murder, the 35-year-old would automatically be sentenced to life in prison without parole.
He is expected to testify in his own defense.
