Uncle of Tampa teen hit, killed by car at Super Bowl party stands trial for murder
TAMPA, Fla. - Bad decisions by adults at a Super Bowl party two years ago led to a series of events that killed a 14-year-old Tampa boy.
That boy's uncle, Jose Ortiz, is charged with murder. During opening statements This morning, prosecutors told jurors that it all began with a pizza delivery from driver Carmen Montero.
She was in a Tampa Bay Buccaneers jersey and those at the party were Kansas City Chiefs fans. That led to some trash-talking with defendant Jose Ortiz and others at the party.
Criminal defense attorney Brian Camareno says after arguing for several minutes, things eventually calmed down.
"At the end of that verbal exchange, the two women exchanging words with Miss Montero made their peace. They said no hard feelings," explained Camareno.
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But there were hard feelings, and the confrontation wasn’t over.
They say Montero ended her delivery shift early and returned to the apartment complex, this time with her boyfriend, who brought along a metal pipe.
Court records show a woman at the party was hit with the pipe and knocked out cold.
Prosecutors say Montero then decided it was time to go. She got in her white Lexus and was driving off. That’s when Prosecutors say Ortiz pulled out a gun and shot her in the neck.
They say the wheels on Montero’s car began spinning, and the car veered off to the right, pinning 14-year-old Jason Lopez underneath.
The child, Ortiz’s nephew, died of his injuries, explained to prosecutor Sheri Maxim.
"Unfortunately, Jason remained pinned underneath the Lexus even though his father attempted to remove the car off of him," said Maxim.
Montero survived her injuries and is expected to testify for the prosecution as their star witness.
However, the defense views her much differently, "none of this would have happened but for the poor decisions Miss Montero made," argued Camareno.
He placed the blame squarely on Montero, claiming she was the instigator, not Ortiz.
The jury will now have to decide who is responsible for this little boy's death.
Ortiz is charged with several felonies, including first-degree murder and first-degree attempted murder. The trial resumes on Wednesday.