Witness in Morse homicide case refuses to testify – ‘my life is in jeopardy’

A key defense witness in a high-profile homicide case involving the son of the Merced County district attorney refused to testify during a preliminary hearing Thursday, saying he feared for his safety.

“I feel like my life is in jeopardy,” the witness told Judge Ronald W. Hansen during the hearing for two defendants charged with murder in Merced Superior Court.

The witness was called to testify during the hearing for defendants Ethan B. Morse, 18, son of District Attorney Larry Morse II, and Jacob Tellez, 18. Morse and Tellez have pleaded not guilty to murder in connection with the March 30, 2013, death of Bernabed Hernandez-Canela.

The California attorney general’s office is prosecuting the case in light of the accusations against the district attorney’s son.

The witness initially tried to invoke his Fifth Amendment right to avoid testifying, but it was unclear whether he understood the amendment’s intent: to protect a person from self-incrimination.

When the judge asked the witness if he feared incriminating himself, the witness replied, “What’s that got to do with it? I want to talk to an attorney.”

Hansen said the witness, who was called to the stand by Morse’s attorney, Kirk McAllister, to testify for the defense, could speak with an attorney before returning to court Friday. The witness did not explain why or how his life may be in danger.

The exchange between the witness and judge capped a long third day of testimony in the preliminary hearing.

Proceedings Thursday featured a recording of a 911 call apparently made accidentally by Tellez the night of the shooting. The hearing also included testimony from a Merced County Sheriff’s Department street-gang expert, a state Justice Department firearms expert and one of the people who was in the vehicle with Morse and Tellez the night of the homicide.

Two recordings of the tape were played in the courtroom Thursday. Detective Erick Macias said Tellez can be heard describing shooting someone at the party on Westside Boulevard.

Tellez’s attorney, Adam Stewart, and Macias disagreed several times about what exactly Tellez says in the profanity-laced recording. Tellez does say something about being unable to get the window rolled down on the car, taking out a gun and having a friend stop him from shooting, Stewart and Macias agreed.

Macias said Tellez is heard saying he “struck gold,” which Macias said was Tellez talking about killing Hernandez-Canela. Stewart said he never heard any such comment in the tape. Stewart asked Macias if detectives ever mentioned that phrase in any of the more than 100 reports made in the case. Macias said he wasn’t sure, but didn’t believe he put that in a report.

However, the original lead detective in the case, Dwayne Pavelski, did write in a report that Tellez is heard on the recording talking about “striking gold in regards to the person he shot,” according to a copy of the report obtained exclusively by the Merced Sun-Star.

James Hamiel, a firearms expert for the state Justice Department, said Hernandez-Canela was killed with bullets from two different guns, one a .25-caliber handgun and the other either a .38-caliber or .357-caliber gun. Defense attorneys have not said whether they believe Hernandez-Canela was possibly killed by two different shooters.

A Merced County sheriff’s gang expert testified Thursday that Tellez is a member of a Merced Norteno street gang based, at least in part, on prior contacts with law enforcement documented by the Merced Police Department.

The gang expert said he does not believe Morse is a gang member.

Andrew Masengale described Morse and Tellez as some of his “best” friends. He was riding in the car the night of the shooting, seated next to Tellez, he testified Thursday. He said Tellez pulled a “shiny” silver revolver from his waistband as their vehicle pulled away from the party, but said Tellez never fired it.

“He reached for his gun, but it got caught on the seat belt and he couldn’t pull it all the way out and I grabbed his arm and told him not to shoot because he had a daughter on the way,” Masengale testified.

Masengale said he never saw Hernandez-Canela, or anyone else, running near their vehicle. He also said he saw “flashes,” possibly gunfire, coming from the orchard near the home, the approximate area where Hernandez-Canela was found by paramedics.

Masengale was adamant that Tellez never fired the gun and that Morse never encouraged Tellez to fire a gun. Masengale also said he was aware that Tellez had Norteño gang member “friends” for at least the last five years.

Masengale said Tellez later that night told him the gun was a .22-caliber revolver, which, if true, would fire a different caliber of bullets from those found in Hernandez-Canela’s body.

No murder weapon was ever located, detectives have testified previously.

This story was originally published November 13, 2014 at 5:48 PM with the headline "Witness in Morse homicide case refuses to testify – ‘my life is in jeopardy’."