BAKERSFIELD, Calif. (KGET) — Both Emil Alvary and Angelo Rodriguez admitted to being present when a 45-year-old man was shot and killed outside a home in September, police said.
Each, however, says the other was the gunman, according to newly-released court documents.
The two are charged with first-degree murder in the death of 45-year-old Eddie Raymond Bustamante Sr. They’re next due in court Jan. 12.
Bustamante’s estranged wife told police she was having an affair with Alvary, 38, and her husband knew about it, according to the documents.
On the night of Sept. 27, she was on a video call with Alvary when her husband entered the home, she told police. He became angry and argued with her, she said.
They argued for several minutes and Bustamante grabbed her phone and left the residence in the 3500 block of Jewett Avenue, the wife told police. Shortly afterward, she heard gunshots.
Bustamante ran back inside and collapsed and died, the wife said. Although she didn’t witness the shooting, she told police Alvary may have overheard the argument and killed Bustamante over it.
Interviewed by detectives, Alvary said he was home celebrating his birthday with several people when he heard the argument during the video call, the documents say. He told investigators Rodriguez, 24, told him he had a gun and offered to drive him to Bustamante’s home.
He said they drove by the house in Rodriguez’s light gray Ford Explorer and, when Bustamante went outside, Rodriguez shot him several times, according to the documents.
Police note in the documents Alvary is a member of the Colonia Bakers street gang.
The Ford Explorer believed used in the shooting was captured on a license plate reader installed at 40th Street and Jewett Avenue, the filings say.
The pickup traveled south on Jewett Avenue at about 10:35 p.m. and a ShotSpotter activation occurred a minute later. Afterward, a surveillance camera at Stella Hills Elementary captured what police believe is the same vehicle traveling back north.
Detectives contacted Rodriguez’s parole agent, who said Rodriguez showed up at the parole office the morning of Sept. 28 and tested positive for cocaine, according to the documents. The parole agent told police Rodriguez said he’d been partying — supporting Alvary’s claim Rodriguez was at his birthday celebration the night before.
Surveillance footage showed the light gray Ford Explorer pull into the parole office at the time Rodriguez met with the agent, the filings say.
A search warrant was executed Oct. 1 on the vehicle, then parked at Rodriguez’s home, and detectives located a 9mm handgun in the center console, according to the documents.
Rodriguez admitted driving Alvary to Bustamante’s residence but said Alvary was the shooter, not him, the documents say. Rodriguez also told police the gun found in his pickup was used in the shooting.
“Rodriguez stated at the time of the shooting, the victim was walking and did not even see he and Alvary and was not posing any threat whatsoever,” an investigator wrote in the documents.