Joseph Antonio Espinoza
Twist in Fig Garden killing: Identity of shooter who killed Nick Kauls could be an issue
BY PABLO LOPEZ
The Fresno Bee
The suspect in the fatal shooting of San Joaquin Memorial High student Nick Kauls in a Fig Garden neighborhood pleaded not guilty on Monday in Fresno Superior Court to murder, attempted murder and 15 other charges that prosecutors say could result in a death sentence.
But within minutes of Joseph Antonio Espinoza’s arraignment, it became clear that the case against him is not air-tight.
Judge Jon Nick Kapetan prohibited the media from taking Espinoza’s photograph after defense attorney Arthur Hampar informed the court that the identity of the shooter remains an issue.
To see if that was true, Kapetan asked prosecutor Deborah Miller, who responded. “I believe it could be argued.”
Kapetan accepted Espinoza’s not guilty plea and ordered the 22-year-old held in the Fresno County Jail in lieu of $4.3 million. Espinoza’s next court date is Sept. 12.
Prosecutors typically don’t comment on pending cases, but District Attorney Lisa Smittcamp said at a news conference on July 6 that Espinoza could face life in prison or a death sentence if convicted. The call on seeking the death penalty, however, has not yet been made.
After Monday’s hearing, Hampar declined to comment. But court records say Espinoza’s only other run-in with the law was a seat belt violation in 2014.
The killing of Kauls has been one of Fresno’s more shocking murders because Fig Garden has been free of murders for decades.
Kapetan accepted Espinoza’s not guilty plea and ordered the 22-year-old held in the Fresno County Jail in lieu of $4.3 million. Espinoza’s next court date is Sept. 12.
Prosecutors typically don’t comment on pending cases, but District Attorney Lisa Smittcamp said at a news conference on July 6 that Espinoza could face life in prison or a death sentence if convicted. The call on seeking the death penalty, however, has not yet been made.
After Monday’s hearing, Hampar declined to comment. But court records say Espinoza’s only other run-in with the law was a seat belt violation in 2014.
The killing of Kauls has been one of Fresno’s more shocking murders because Fig Garden has been free of murders for decades.
While sheriff’s and police detectives searched for the shooter, Kauls’ family and friends packed the Memorial High gymnasium to light candles and pray for him.
At the July 6 news conference attended by Police Chief Jerry Dyer and Sheriff Margaret Mims, Smittcamp said Kauls “is the son of Fresno and the son of everybody and anybody’s child.”
Authorities contend Espinoza shot 17-year-old Kauls in the head in the late hours of June 24 at Rialto and Van Ness avenues when he and a friend ran from bandits in an SUV who demanded their property. Kauls was pronounced dead four days later.
At the July 6 news conference, Mims identified Espinoza as the person who pulled the trigger during the botched robbery.
The deadly shooting followed an arrest earlier that day at the Motel 6 in the 6600 block of North Blackstone Avenue, Dyer said. There, police checking a disturbance found Espinoza and his friend, Jose Figueroa, 18, and two women. Officers seized an SKS assault rifle and a semi-automatic pistol at the motel after a search and Figueroa admitted the weapons were his, according to Dyer.
Figueroa was booked into jail. Espinoza was cited for possession of methamphetamine, but not taken to Fresno County Jail.
Authorities said Espinoza wanted to bail Figueroa out of jail but needed money. In order to raise bail money for Figueroa, Espinoza resorted to a string of robberies on the night of June 24 before confronting Kauls and his friend. The friend managed to safely get inside a home.
Two days later, Espinoza, behind the wheel of a stolen vehicle, was arrested near Shaw and Cedar avenues after he attempted to escape by ramming a police vehicle and another car driven by a civilian before running. He was found hiding in a nearby dumpster and was taken into custody after he was bitten by a police dog, authorities said.
The criminal complaint against Espinoza includes charges of carrying a concealed firearm, assault with firearm, auto theft, hit and run, resisting arrest and assault on Fresno sheriff’s detective John Capriola.
News of Espinoza’s arrest surprised a man who has known Espinoza since he was a boy. Manuel Romero Sr. spoke to The Bee after Espinoza’s arrest.
“He was a good kid. He never got in trouble,” Manuel Romero Sr. said. His son, Manuel Romero Jr., married Espinoza’s mother, Theresa Romero, in September 2008.
But after Theresa Romeo died in November 2010 at the age of 40, Espinoza went to live with other relatives.
Manuel Romero Sr. said he hadn’t seen Espinoza for a long time. But about a year ago, he said, Espinoza dropped by to say hello. “He said he had a job and was doing well,” Manuel Romero Sr. said. “I really don’t know what happened to him.”
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