The trial of 22-year-old Pedro Rocha, Jr. on capital murder charges in the December 2009 shooting death of Ronald Philen began Tuesday with two witnesses taking the stand.
Rocha, along with three others, was arrested in January 2012 on capital murder charges. Alex “Lucky” Gil entered a plea agreement earlier this year and received a 40 year prison sentence, as did 22-year-old Efrain Castillo III who also received a 40 year sentence. 22-year-old Matthew Navarro has yet to be tried and is being held in the Brown County Jail without bail.
For most of the day, 54-year-old Randall Philen, the victim’s brother, was questioned by the defense attorney, Todd Steele. Philen testified to his relationship with his brother as well as their mutual history of drug use and the events the night of Ronald Philen’s death.
While on the stand, Philen explained that the intruders came back into the kitchen, struck him with a shotgun, tied him up and asked him “where’s the 50 pounds and the money” before they went room to room looking for marijuana. He said he heard what sounded like a scuffle in his brother’s room and that it sounded like the intruders were trying to get information from his brother. Philen then testified that he heard his brother gasp, and then heard gun shots.
According to Philen, they left after accidentally saying the name “Alex” while deciding what to do next. Philen says he pled for his life, and the intruders decided to leave him alone and left the house. After he could no longer hear the intruders and felt it was safe, he pulled his hands free from the rope and went to his brother’s room where he found him shot and not breathing.
“I saw a bullet hole and him not breathing, I didn’t touch him,” said Philen who then explained how he tried to call the police with a nearby cell phone which was not working and had to go to another room to find an alternate phone.
Philen’s testimony wrapped up at 3:10 p.m.
Randall Philen had initially been found guilty of the murder of his brother on November 22, 2011, at which time Judge Ellis issued a sentence of life in prison for the murder and two years in the Texas Department of Criminal Justice, Institutional Division, for a felony marijuana charge which would run concurrently. He was later exonerated and released from prison after new evidence was uncovered in the case.
Although it was Rocha on trial, jurors were re-presented testimony from the Philen trial, which made it feel as though Philen was on trial rather than Rocha at times.
On Monday, April 23, 2012, 35th District Judge Steve Ellis signed a court order dismissing the charge against Randall Philen who was convicted and sent to prison in December 2011 for the 2009 murder of his brother Ronald. Philen was released from prison in January 2012 after investigators received new information implicating the four other men in the murder. Efrain Castillo III, Alex Lucky Gil, Jr., Mathew Scott Navarro and Pedro Rocha were arrested in January 2012 for the murder of Ronald Philen and were each indicted in late March 2012.
Tuesday afternoon, Castillo took the stand, as was agreed in his plea agreement that he would testify in court regarding the murder. He is charged with 1st degree murder.
Castillo told the jury about his childhood and spoke of his relationship with the other three men involved and events leading up to the robbery and murder committed that night. He stated that he and Gil had been best friends and were hanging out that night drinking beer until Rocha came over and suggested that they steal some marijuana from someone. They then went to Navarro’s house and hung out, where two sawed off 20-gauge pump shotguns and two .22 caliber pistols were provided by Navarro, he said.
The men were “using the guns for a scare tactic or defense,” explained Castillo. He further explained by his answers that although he and Alex had been drinking earlier in the evening, the robbery occurred at about 3:00-3:30 a.m. and they were all “clear minded” at the time and knew it could be dangerous.
Until the time they arrived at the Philen house, Castillo stated he did not know where they were going for the robbery, but that once they arrived, it was told that there was a “half bale” or 50 pounds of marijuana at the house and that they were going to take it.
Gil, also the cousin of Rocha, testified later in the afternoon cooberating some of Castillo’s prior testimony. Gil recounted that the four men covered their faces during the robbery, Navarro with a bandana and the other three with shirts tied around their heads to mask their identities.
Testimony will continue this week. Judge Ellis has allowed each juror a notebook to keep notes due to the expected length of the trial.
