BarFly shooting trial day 9: second victim in shooting testifies

El Paso News

EL PASO, Texas (KTSM)– The surviving victim in a 2017 East El Paso shooting testified in the murder trial of Moises Galvan who is accused of shooting and killing Rojelio “RJ” Franco Jr. in 2017 outside of an East El Paso bar.

As KTSM previously reported, Galvan allegedly shot and killed Franco, 22, and wounded David Ortega outside BarFly.

On Wednesday, State prosecutors called Ortega to the witness stand to testify and tell jurors what happened the night of the shooting.

Ortega told the jury he was Franco’s best friend and was shot three times at the same bar that night. He recounted what happened the night of the alleged murder.

Ortega said he saw Galvan shoot him outside of BarFly in the parking lot. He said there was an altercation between Franco and the defendant inside the bar before the shooting happened. 

Ortega said Galvan approached him and Franco first inside the bar and started taunting them. He said Galvan told Franco, “you know who the f*** I am,” and “come on are you scared of a 19-year-old.”

According to Ortega, Franco tried to calm down the situation but threw his cigarette to the floor. Previous reports by the defense claim Franco threw the cigarette at the defendant’s face.

Ortega said after that exchange in the bar, they exited and Galvan along with two other gentlemen followed. 

He testified that he did use cocaine earlier that day before going to the bar. He also said he shouldn’t have been out that night or using drugs or drinking alcohol because he was on probation.

State prosecutor Stacy Scofield asked: “Did any member of the District Attorney’s office offer you an agreement to testify despite having violated your parole?” Ortega responded: “No, I know there may be consequences but I came to testify for justice and the truth is known.”

Defense attorneys argued that cocaine usage can have an aggressive effect on those who use it. Defense attorney Fransico Macias cross-examined Ortega, asking about his and Franco’s affiliation with possible gangs. 

Macias asked if Ortega knew of a Zachary Valles, who he said is the son of a Barrio Azteca gang lieutenant, Ricardo Chino Valles, who is currently in federal prison.

Ortega said he met Franco through Zachary Valles because he was Franco’s cousin. 

Macias started asking if Franco was part of a group called the “Wood Boys” which Ortega said he was. Macias asking about the group said: “these were predators weren’t they?” which Ortega responded “no.” 

Macias said the group’s slogan was “you run with us or you run from us,” and Ortega said “no.”

The trial resumes Thursday morning at 9:30 a.m. Galvan is charged with murder and assault with a deadly weapon. If the jury finds Galvan guilty of these charges, he’s facing up to 99 years in prison.

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