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Jaxo v. State

Defendant's waiver of his rights was valid even though his native language was Spanish because he demonstrated his ability to converse and understand English.

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Appellant Rigoberto Jaxo appeals his convictions for murder, aggravated assault, and illegal firearm possession.1 Finding that appellant’s statement to police was properly admitted at trial and that the evidence introduced was sufficient to support the jury’s verdicts, we affirm.

The eyewitness and circumstantial evidence introduced at trial was sufficient to enable a rational trier of fact to conclude that one evening in May 1998, the victim, Manuel Garcia, and his wife had just returned to the Calhoun apartment where they resided when appellant and his accomplice, Hosea Horta, appeared at the door. The victim, appellant and Horta engaged in a conversation spoken in Spanish which the victim’s wife was unable to follow because she does not speak the language. The three men became agitated and the victim handed his wallet and watch to his wife, and then walked outside. Appellant followed after stating, “I’m just going to shoot him.” The wife followed. Once outside, she saw the victim face appellant, raise his arms and say, “Man, if you’re going to shoot me, shoot me.” At that, appellant raised a 9 mm pistol and fired three shots at the victim, who collapsed. The victim’s wife ran inside to call 911 emergency services. While inside, she heard three more shots. By the time she returned outside, the victim lay bleeding on the ground, and appellant and Horta were gone. The victim, who had been shot six times, was pronounced dead on arrival at the hospital. The murder weapon was never recovered.

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