1 00:00:02,035 --> 00:00:04,204 [tense music] 2 00:00:14,147 --> 00:00:16,083 - [Reporter] Police say Mario Fierro was shot 3 00:00:16,183 --> 00:00:18,819 and killed on a North Park sidewalk this morning. 4 00:00:18,986 --> 00:00:21,021 ♪ Lean on me ♪ 5 00:00:21,188 --> 00:00:23,423 ♪ When you're not strong ♪ 6 00:00:23,590 --> 00:00:25,392 - [Reporter] Mario Fierro was remembered 7 00:00:25,492 --> 00:00:28,028 as a leader at Cathedral Catholic High. 8 00:00:28,128 --> 00:00:30,831 - [Student] Mario was, he was a great coach, mentor, 9 00:00:30,998 --> 00:00:32,399 teacher, friend. 10 00:00:32,499 --> 00:00:34,301 - [Interviewee] There were a total of seven shots fired. 11 00:00:34,468 --> 00:00:37,237 [gunshots firing] 12 00:00:37,337 --> 00:00:41,074 - It sounded like somebody was in a desperate situation. 13 00:00:43,944 --> 00:00:45,445 I remember that the gunshots 14 00:00:45,546 --> 00:00:48,181 were somewhat slow, methodical. 15 00:00:50,450 --> 00:00:53,320 - Definitely appeared to be an execution. 16 00:00:56,223 --> 00:00:58,225 - [Dispatcher] Okay, you said your wife is in a barn 17 00:00:58,392 --> 00:01:00,060 and she's unresponsive? 18 00:01:00,227 --> 00:01:01,862 - [Attorney] This is what he's gonna tell you. 19 00:01:02,029 --> 00:01:03,797 - I had to get out of that situation. 20 00:01:03,897 --> 00:01:04,998 - And I grab the gun. 21 00:01:05,098 --> 00:01:06,633 - Trying to find the first place to put a body. 22 00:01:06,800 --> 00:01:07,634 - No, sir. 23 00:01:07,801 --> 00:01:09,236 - The only thing they could do was kill him. 24 00:01:09,336 --> 00:01:10,470 - [Judge] You want to say anything? 25 00:01:10,637 --> 00:01:12,773 - [Juror] We, the jury, find the defendant... 26 00:01:14,141 --> 00:01:16,310 [dramatic music] 27 00:01:23,183 --> 00:01:27,154 - It was an early Monday morning on February 1st. 28 00:01:27,254 --> 00:01:29,022 It was a beautiful, sunny day. 29 00:01:30,857 --> 00:01:32,426 - [Narrator] At Cathedral Catholic High School 30 00:01:32,592 --> 00:01:33,760 in North San Diego, 31 00:01:33,860 --> 00:01:35,429 it was the first day of classes 32 00:01:35,596 --> 00:01:37,564 after the pandemic lockdown. 33 00:01:38,732 --> 00:01:40,867 - Excitement, we're getting back to life. 34 00:01:41,001 --> 00:01:42,769 We're getting back to what we all wanted, 35 00:01:42,869 --> 00:01:47,107 which was normalcy and face-to-face interaction. 36 00:01:47,274 --> 00:01:48,842 - [Narrator] And the big news at the school 37 00:01:48,942 --> 00:01:50,477 was that two popular teachers 38 00:01:50,577 --> 00:01:52,145 were going to get married, 39 00:01:52,312 --> 00:01:54,748 Amy Gembara and Mario Fierro, 40 00:01:54,915 --> 00:01:57,751 who announced their engagement over the Christmas holiday. 41 00:01:57,918 --> 00:02:00,654 - Once he met her, he knew that that was the one. 42 00:02:00,821 --> 00:02:01,755 They really hit it off. 43 00:02:01,855 --> 00:02:03,223 They would go to church together 44 00:02:03,390 --> 00:02:05,626 and they would like, grade papers together, 45 00:02:05,792 --> 00:02:07,060 lesson plan together. 46 00:02:07,227 --> 00:02:08,228 - I think everybody loved it. 47 00:02:08,395 --> 00:02:11,698 Mario was a social science teacher, 48 00:02:11,865 --> 00:02:13,233 coached football, 49 00:02:13,400 --> 00:02:16,436 and he coached track and field. 50 00:02:21,742 --> 00:02:23,276 - [Narrator] He even helped to keep up morale 51 00:02:23,443 --> 00:02:24,678 during the pandemic. 52 00:02:32,319 --> 00:02:34,321 - Amy was a religion teacher. 53 00:02:34,421 --> 00:02:35,756 Very positive, 54 00:02:35,856 --> 00:02:37,124 deeply faithful. 55 00:02:37,224 --> 00:02:38,792 A deeply faithful woman, 56 00:02:38,892 --> 00:02:43,030 which that was a nice complement for Mario. 57 00:02:43,130 --> 00:02:45,432 [school bell rings] 58 00:02:45,599 --> 00:02:49,002 Mario was very reliable. 59 00:02:49,102 --> 00:02:50,270 He was never late. 60 00:02:50,437 --> 00:02:54,307 Once it got close to like, 8:00 and Mario wasn't here, 61 00:02:54,474 --> 00:02:56,410 everyone started to panic. 62 00:02:56,510 --> 00:02:58,145 - [Narrator] So, the school's principal 63 00:02:58,311 --> 00:02:59,946 called a senior police officer 64 00:03:00,113 --> 00:03:01,915 whose daughter attended the school. 65 00:03:02,015 --> 00:03:04,751 - "I need you to do a wellness check on Mario Fierro." 66 00:03:04,851 --> 00:03:07,988 And it was silent on the other end of the line. 67 00:03:08,155 --> 00:03:09,356 He said to me, 68 00:03:11,091 --> 00:03:12,359 "Kevin, it's not good. 69 00:03:14,461 --> 00:03:15,562 Mario was murdered, 70 00:03:16,863 --> 00:03:18,498 this morning outside of his house." 71 00:03:18,665 --> 00:03:20,100 [police siren wails] 72 00:03:20,267 --> 00:03:23,036 - [Reporter] San Diego Police said about 7:10 Monday morning, 73 00:03:23,136 --> 00:03:25,439 they responded to calls of shots fired 74 00:03:25,539 --> 00:03:27,607 on Kansas Street in North Park. 75 00:03:36,416 --> 00:03:39,086 - [Reporter] Mario Fierro was pronounced dead at the scene 76 00:03:39,186 --> 00:03:41,421 after San Diego Police found him shot 77 00:03:41,588 --> 00:03:43,824 and on the ground near his car. 78 00:03:43,990 --> 00:03:46,993 Police say they have very few leads about the suspect. 79 00:03:47,094 --> 00:03:48,261 - I was considering that maybe 80 00:03:48,428 --> 00:03:50,564 this was a potential robbery gone bad, 81 00:03:50,664 --> 00:03:53,767 attempted carjacking gone bad, with the trunk lid open. 82 00:03:53,867 --> 00:03:56,436 - [Narrator] There was no surveillance video of the scene, 83 00:03:56,536 --> 00:03:58,171 but a camera down the street 84 00:03:58,271 --> 00:04:00,707 picked up the audio of the incident. 85 00:04:00,874 --> 00:04:04,244 [gunshots firing] [indistinct shouting] 86 00:04:12,919 --> 00:04:14,387 - There were a total of seven shots fired. 87 00:04:14,554 --> 00:04:16,590 I believe he was struck about six times. 88 00:04:16,756 --> 00:04:18,925 Majority of the rounds that struck him 89 00:04:19,025 --> 00:04:20,794 were all into the face 90 00:04:20,894 --> 00:04:22,229 and into the back of the head, 91 00:04:22,329 --> 00:04:25,031 definitely appeared to be an execution. 92 00:04:25,198 --> 00:04:29,035 - It sounded like somebody was in a desperate situation. 93 00:04:29,136 --> 00:04:32,305 [gunshots firing] [indistinct shouting] 94 00:04:34,541 --> 00:04:39,012 I remember that the gunshots were somewhat slow, methodical. 95 00:04:39,112 --> 00:04:42,449 [gunshots firing] 96 00:04:45,185 --> 00:04:46,386 There seemed to be a purpose 97 00:04:46,553 --> 00:04:50,423 behind the pauses between the gunshots. 98 00:04:50,590 --> 00:04:52,626 - [Narrator] Detectives first headed to the high school 99 00:04:52,792 --> 00:04:56,363 and turned their attention to Mario's fiancee, Amy. 100 00:04:56,463 --> 00:04:58,632 - When they brought Amy into my office 101 00:04:58,798 --> 00:05:02,969 to let her know that Mario had been murdered, 102 00:05:03,069 --> 00:05:06,473 she let out this like scream of... 103 00:05:09,709 --> 00:05:11,611 Yeah, just this scream of like sadness 104 00:05:11,711 --> 00:05:14,514 and crying uncontrollably. 105 00:05:16,149 --> 00:05:18,585 - [Narrator] Downtown at the district attorney's office, 106 00:05:18,752 --> 00:05:22,022 prosecutors had feared this day might come. 107 00:05:22,189 --> 00:05:25,725 - It was very emotional and my heart just shattered 108 00:05:25,826 --> 00:05:26,993 because, um, 109 00:05:28,195 --> 00:05:29,563 we wanted to protect Amy 110 00:05:29,663 --> 00:05:32,232 and we wanted to protect Mario. 111 00:05:32,332 --> 00:05:35,035 - [Narrator] Over the last year, Mario and Amy had appealed 112 00:05:35,135 --> 00:05:39,005 to the DA's Special Family Protection Unit for help. 113 00:05:39,105 --> 00:05:42,609 - Our office received information that 114 00:05:42,709 --> 00:05:47,714 Amy was a target of stalking 115 00:05:47,814 --> 00:05:49,950 by her ex-boyfriend, Jesse Alvarez. 116 00:05:50,116 --> 00:05:52,619 Stalkers not only target 117 00:05:52,786 --> 00:05:55,222 the object of their obsession, 118 00:05:55,388 --> 00:05:58,458 but many times they go after them 119 00:05:58,625 --> 00:06:02,462 and hurt them by targeting the people that they love. 120 00:06:02,629 --> 00:06:03,964 - [Narrator] Alvarez had been spotted 121 00:06:04,064 --> 00:06:06,466 again and again on the high school campus 122 00:06:06,633 --> 00:06:08,602 after Amy broke up with him. 123 00:06:08,702 --> 00:06:11,404 - He had applied for a number of teaching positions 124 00:06:11,504 --> 00:06:14,407 as a way to try to get on the staff here. 125 00:06:14,507 --> 00:06:18,411 And we were aware of the situation 126 00:06:18,511 --> 00:06:22,115 and I had actually communicated with him a few times saying, 127 00:06:22,215 --> 00:06:23,917 "Hey, we're not interested. 128 00:06:24,017 --> 00:06:25,585 Thanks for your application." 129 00:06:25,752 --> 00:06:27,754 - [Jesse] Hey, Amy, it's Jesse. How's it going? 130 00:06:27,854 --> 00:06:28,989 Hopefully you're well. 131 00:06:29,155 --> 00:06:30,924 - [Narrator] Jesse would post selfies of himself 132 00:06:31,024 --> 00:06:32,158 at the high school 133 00:06:32,259 --> 00:06:34,961 and leave repeated phone messages for Amy. 134 00:06:35,061 --> 00:06:37,264 - [Jesse] Hey, so I just wanted to call to say hey 135 00:06:37,430 --> 00:06:41,401 and ask if it'd be okay if we could talk sometime. 136 00:06:41,501 --> 00:06:43,203 So yeah, that's all. 137 00:06:44,471 --> 00:06:46,239 Hope that your new school year is going well. 138 00:06:46,406 --> 00:06:48,008 God bless you and your students 139 00:06:48,975 --> 00:06:50,010 and hope to hear from you soon. 140 00:06:50,110 --> 00:06:51,278 You know how to contact me. 141 00:06:51,378 --> 00:06:52,879 So, thanks so much. 142 00:06:52,979 --> 00:06:54,281 - [Narrator] It all led Amy to seek 143 00:06:54,381 --> 00:06:57,350 a temporary restraining order against Jesse 144 00:06:57,450 --> 00:06:59,619 and then apply to make it permanent. 145 00:06:59,786 --> 00:07:01,054 - She was able to articulate 146 00:07:01,221 --> 00:07:03,356 that something was off and she was scared. 147 00:07:03,456 --> 00:07:06,760 She knew that something bad was going to happen. 148 00:07:11,464 --> 00:07:16,436 Mr. Alvarez in return filed a very lengthy response, 149 00:07:16,536 --> 00:07:20,173 just attacking every single thing that she said 150 00:07:20,273 --> 00:07:23,543 and coming up with one justification after another. 151 00:07:23,710 --> 00:07:26,212 And Mr. Alvarez had given the court his word, 152 00:07:26,313 --> 00:07:31,117 that he would no longer be contacting Amy, 153 00:07:31,217 --> 00:07:33,586 her friends, whether directly or indirectly, 154 00:07:33,753 --> 00:07:36,222 and the court took Mr. Alvarez's word. 155 00:07:37,290 --> 00:07:39,225 - He bamboozled the judge ultimately 156 00:07:39,392 --> 00:07:41,695 and the judge ended up denying 157 00:07:41,861 --> 00:07:44,431 Amy's restraining order request. 158 00:07:44,597 --> 00:07:47,500 - [Narrator] And within days, Jesse was right back at it, 159 00:07:47,667 --> 00:07:49,703 showing up again at the high school. 160 00:07:49,869 --> 00:07:52,839 - He came in kind of incognito 161 00:07:53,006 --> 00:07:55,108 and he tried to mix in 162 00:07:55,275 --> 00:07:58,044 like he was a Cathedral Catholic employee. 163 00:07:58,144 --> 00:08:01,514 He even jumped in a picture with other students 164 00:08:01,614 --> 00:08:03,450 from Cathedral Catholic. 165 00:08:03,550 --> 00:08:04,751 - He never stopped. 166 00:08:04,918 --> 00:08:07,087 He immediately went back into social media 167 00:08:07,187 --> 00:08:11,358 and added just under 100 clubs 168 00:08:11,458 --> 00:08:13,126 from Cathedral Catholic High School, 169 00:08:13,226 --> 00:08:16,629 was trying to friend all of her friends, her colleagues, 170 00:08:16,730 --> 00:08:19,366 was sending messages to them. 171 00:08:19,466 --> 00:08:20,633 - [Narrator] At one point, 172 00:08:20,800 --> 00:08:23,036 Jesse actually got a job at the school kitchen, 173 00:08:23,136 --> 00:08:26,373 whose employees are hired by an outside provider. 174 00:08:26,473 --> 00:08:28,274 - And I just went up to him 175 00:08:28,441 --> 00:08:29,743 and I just started asking him questions. 176 00:08:29,909 --> 00:08:31,444 "Why are you here?" 177 00:08:31,544 --> 00:08:33,880 And he was very evasive at first. 178 00:08:34,047 --> 00:08:35,281 And so, I just said to him, 179 00:08:35,382 --> 00:08:38,385 I said, "Hey, do you know anybody on campus here?" 180 00:08:38,551 --> 00:08:42,155 And he said to me, "No, I don't know anybody." 181 00:08:42,255 --> 00:08:43,590 And I said, "Are you sure?" 182 00:08:43,757 --> 00:08:46,960 And he said, "Well, maybe there's somebody I know." 183 00:08:47,060 --> 00:08:48,028 And that's when I said, 184 00:08:48,194 --> 00:08:50,497 "You know exactly who I'm talking about." 185 00:08:50,663 --> 00:08:53,099 And I just said, "You're not welcome on this campus. 186 00:08:53,266 --> 00:08:54,434 You need to leave." 187 00:08:55,635 --> 00:08:57,003 - [Narrator] Things came to a head 188 00:08:57,103 --> 00:09:00,273 when Jesse was in Peru on a Christmas family vacation. 189 00:09:00,440 --> 00:09:05,612 - On December 21st, there's an engagement announcement 190 00:09:05,712 --> 00:09:07,247 that goes out through the Facebook 191 00:09:07,347 --> 00:09:09,149 for Cathedral High School, 192 00:09:09,315 --> 00:09:11,351 and that sets him off. 193 00:09:11,451 --> 00:09:14,854 And he goes instantly into searching 194 00:09:15,021 --> 00:09:18,124 both Amy, the school, the campus. 195 00:09:18,224 --> 00:09:20,026 He starts mapping the campus. 196 00:09:20,193 --> 00:09:22,162 I'm talking hundreds of searches, 197 00:09:22,262 --> 00:09:24,097 but he escalates up to Christmas Eve 198 00:09:24,264 --> 00:09:26,066 where he is looking at hiring a hitman. 199 00:09:26,232 --> 00:09:28,768 If I shoot somebody in the head, can I kill him? 200 00:09:28,868 --> 00:09:31,638 He's trying to figure out how to get to Amy, 201 00:09:31,805 --> 00:09:32,972 he's looking at routes 202 00:09:33,072 --> 00:09:36,509 that our victim Mario might take to work. 203 00:09:39,379 --> 00:09:42,315 - [Narrator] In the early morning hours of February 1st, 204 00:09:42,415 --> 00:09:44,384 a car pulls into a parking spot 205 00:09:44,551 --> 00:09:47,720 across the street from Mario Fierro's apartment. 206 00:09:47,821 --> 00:09:49,222 - This is a man on a mission, 207 00:09:49,389 --> 00:09:51,191 on a mission to kill. 208 00:09:51,357 --> 00:09:54,360 [suspenseful music] 209 00:10:00,834 --> 00:10:02,635 ♪ Lean on me ♪ 210 00:10:02,735 --> 00:10:04,237 ♪ When you're not strong ♪ 211 00:10:04,404 --> 00:10:06,406 ♪ And I'll be your friend ♪ 212 00:10:06,506 --> 00:10:07,507 - [Reporter] Students and staff 213 00:10:07,674 --> 00:10:08,675 at Cathedral Catholic High School 214 00:10:08,842 --> 00:10:09,943 are grieving the loss 215 00:10:10,110 --> 00:10:11,878 of a popular teacher and football coach. 216 00:10:11,978 --> 00:10:14,080 - [Ron] Students were showing up crying at the scene. 217 00:10:14,247 --> 00:10:15,415 The school was devastated. 218 00:10:15,548 --> 00:10:17,784 They loved both Mario and Amy. 219 00:10:17,951 --> 00:10:20,620 - Mario was, he was a great coach, mentor, 220 00:10:20,787 --> 00:10:22,355 teacher, friend. 221 00:10:22,455 --> 00:10:23,790 He's somebody you could always could count on 222 00:10:23,957 --> 00:10:26,025 whenever you need help or whenever you're in doubt. 223 00:10:26,192 --> 00:10:28,428 - [Narrator] The best lead for the homicide detectives 224 00:10:28,595 --> 00:10:30,864 was what appeared to be the getaway car. 225 00:10:31,030 --> 00:10:32,866 - There was a witness that was driving by 226 00:10:33,032 --> 00:10:34,968 and that saw portions of what occurred. 227 00:10:35,068 --> 00:10:38,238 - [Detective] She described a dark colored sedan, 228 00:10:38,404 --> 00:10:41,441 that it was a dark colored Volkswagen hatchback. 229 00:10:41,608 --> 00:10:43,076 - [Christopher] Couldn't tell who was driving. 230 00:10:43,176 --> 00:10:45,745 I don't believe we could make out a license plate clearly. 231 00:10:47,881 --> 00:10:49,115 - [Narrator] But the presumption was 232 00:10:49,282 --> 00:10:51,818 that it was Jesse Alvarez who was behind the wheel 233 00:10:51,985 --> 00:10:54,320 and that he would next target the high school. 234 00:10:54,420 --> 00:10:56,523 - They began evacuations. 235 00:10:56,623 --> 00:10:59,359 The had the school just completely surrounded. 236 00:10:59,459 --> 00:11:01,027 And I personally believe 237 00:11:01,194 --> 00:11:02,629 that the San Diego Police Department 238 00:11:02,729 --> 00:11:06,633 prevented a mass shooting at that school. 239 00:11:06,733 --> 00:11:09,002 - [Narrator] Another team was racing to find Alvarez 240 00:11:09,102 --> 00:11:11,571 heading to his family's home in San Diego, 241 00:11:11,671 --> 00:11:15,208 where they found a Volkswagen hatchback parked outside. 242 00:11:15,308 --> 00:11:17,510 - We ended up doing a surround and call-out 243 00:11:17,677 --> 00:11:22,081 where we had the uniform members of our gang unit 244 00:11:22,182 --> 00:11:23,449 surround the home. 245 00:11:23,550 --> 00:11:25,919 Jesse was the final subject to exit the home. 246 00:11:26,019 --> 00:11:27,620 He was taken into custody. 247 00:11:27,787 --> 00:11:29,389 - ...if you wanna take your cuffs off, okay? 248 00:11:29,489 --> 00:11:30,390 - Oh, thank you. 249 00:11:30,557 --> 00:11:32,325 - Ron Newquist and Christopher Leahy 250 00:11:32,425 --> 00:11:36,429 are highly experienced detectives in their field 251 00:11:36,529 --> 00:11:38,765 and they're brilliant at what they do. 252 00:11:38,865 --> 00:11:41,067 - No karate, right? My kung fu is weak. 253 00:11:41,234 --> 00:11:42,168 [laughs] 254 00:11:42,268 --> 00:11:44,404 - He's this very soft 30-year-old, 255 00:11:44,504 --> 00:11:47,040 comes across as kind of an oddball, 256 00:11:48,074 --> 00:11:50,310 but he's very cooperative, overly cooperative. 257 00:11:55,615 --> 00:11:56,983 - He's like, "I'm Back the Blue." 258 00:11:57,150 --> 00:12:01,487 He was telling us how pro police he was. 259 00:12:01,588 --> 00:12:02,855 - I was mentioning before, you know, 260 00:12:03,022 --> 00:12:04,991 I've been fully behind the Back the Blue movement 261 00:12:05,091 --> 00:12:07,193 this last year, and very conservative, 262 00:12:07,360 --> 00:12:10,163 and I think it's appalling 263 00:12:10,263 --> 00:12:13,499 how law enforcement has been demonized 264 00:12:13,666 --> 00:12:16,002 and reputation's been hurt this last year. 265 00:12:16,102 --> 00:12:17,203 That's horrible. 266 00:12:17,303 --> 00:12:21,274 - And Ron and I are like, you know? 267 00:12:21,441 --> 00:12:22,742 - Real quick, Jesse, I'm Ron Newquist. 268 00:12:22,909 --> 00:12:24,277 I didn't introduce myself to you, but-- 269 00:12:24,444 --> 00:12:27,280 - But he never asked us why he is there. 270 00:12:27,380 --> 00:12:28,948 He doesn't say, "Hey, am I here for a murder? 271 00:12:29,115 --> 00:12:30,316 What are you guys doing?" 272 00:12:30,416 --> 00:12:33,353 - So, thank you. - All right, so 273 00:12:33,519 --> 00:12:36,456 like I said, I won't beat around the bush or anything else. 274 00:12:37,590 --> 00:12:39,425 You're 30 years old. 275 00:12:40,627 --> 00:12:42,195 You have no idea why we're here today? 276 00:12:42,328 --> 00:12:43,963 - No, sir. - Okay. 277 00:12:44,063 --> 00:12:45,999 Well, let me ask you this. 278 00:12:46,099 --> 00:12:48,434 I work homicide. This is my boss here. 279 00:12:48,601 --> 00:12:50,069 We both work several cases. 280 00:12:51,838 --> 00:12:53,506 We went to an address today 281 00:12:53,673 --> 00:12:56,075 over in North Park on Kansas Street 282 00:12:57,477 --> 00:12:59,245 to a guy named Mario Fierro's house. 283 00:12:59,345 --> 00:13:00,546 Do you know Mario Fierro? 284 00:13:00,713 --> 00:13:02,782 - No, sir. - Okay. 285 00:13:02,949 --> 00:13:04,617 Never heard that name before in your life? 286 00:13:04,784 --> 00:13:06,019 - No, sir. - Okay. 287 00:13:07,587 --> 00:13:10,523 What about, did you date a girl named Amy? 288 00:13:11,491 --> 00:13:13,259 - We were friends. - Okay. 289 00:13:13,426 --> 00:13:14,661 - But we did not date. 290 00:13:14,827 --> 00:13:16,496 - Once we got on the topic of Amy 291 00:13:16,663 --> 00:13:18,631 and asked him about Amy, 292 00:13:18,798 --> 00:13:21,801 he developed what we call convenient amnesia. 293 00:13:21,901 --> 00:13:23,770 - Okay, do you know Amy's last name? 294 00:13:24,737 --> 00:13:26,606 - I don't remember, I don't recall. 295 00:13:26,706 --> 00:13:27,640 - Okay. 296 00:13:27,807 --> 00:13:29,509 Gembara, does that sound familiar to you? 297 00:13:29,676 --> 00:13:32,345 - Sounds familiar, but I again don't recall. 298 00:13:32,512 --> 00:13:33,513 - Okay. 299 00:13:34,514 --> 00:13:35,848 Well, the reason I'm asking you about Amy 300 00:13:35,948 --> 00:13:38,951 is her boyfriend is this guy, Mario Fierro, 301 00:13:39,052 --> 00:13:41,621 who this morning, was shot and killed 302 00:13:41,788 --> 00:13:43,990 outside of his apartment in North Park. 303 00:13:47,860 --> 00:13:48,795 So, that's why. 304 00:13:48,961 --> 00:13:50,963 So, Amy, we're looking at 305 00:13:51,064 --> 00:13:52,999 dating relationships she had with people. 306 00:13:53,099 --> 00:13:54,967 - I haven't talked to her in a very long time. 307 00:13:55,034 --> 00:13:55,968 - Okay. 308 00:13:56,069 --> 00:13:57,437 His body language is not defensive, 309 00:13:57,603 --> 00:13:59,439 no crossing of the arms. 310 00:13:59,605 --> 00:14:02,875 He thinks he's gonna outsmart us and talk his way out of this. 311 00:14:02,975 --> 00:14:05,078 - All right, and maybe I have the wrong Jesse. 312 00:14:05,244 --> 00:14:06,479 You go by Jesse, right? 313 00:14:06,579 --> 00:14:07,947 - Yeah. - J-E-S-S-E? 314 00:14:08,114 --> 00:14:09,148 - Yeah. - Okay. 315 00:14:09,315 --> 00:14:11,084 Have you ever applied for any jobs 316 00:14:11,184 --> 00:14:12,819 at Cathedral High School? 317 00:14:16,656 --> 00:14:17,990 - I don't think so. 318 00:14:18,091 --> 00:14:20,593 - We start to crack the foundation of what he's saying, 319 00:14:20,760 --> 00:14:22,028 but very nice. 320 00:14:22,195 --> 00:14:24,630 We also have court documents with your name on it, 321 00:14:24,731 --> 00:14:26,899 with Jesse Alvarez where apparently she's tried 322 00:14:27,066 --> 00:14:28,801 to get restraining orders against you. 323 00:14:28,968 --> 00:14:30,470 Has there ever been a temporary 324 00:14:30,636 --> 00:14:33,005 or a permanent restraining order against you? 325 00:14:33,106 --> 00:14:36,476 - She once tried to 326 00:14:37,477 --> 00:14:39,345 file an order against me 327 00:14:39,512 --> 00:14:42,949 because I was trying to contact her about something, 328 00:14:43,116 --> 00:14:45,885 but we went to court 329 00:14:45,985 --> 00:14:48,621 and I very clearly explained, like I just did 330 00:14:48,788 --> 00:14:50,757 to you right now, that we were just friends 331 00:14:50,857 --> 00:14:53,259 and that she lied about me and it was dismissed. 332 00:14:53,426 --> 00:14:54,961 - Okay. - So. 333 00:14:55,061 --> 00:14:57,630 - Okay, yeah, and I did hear that as well. 334 00:14:57,797 --> 00:14:58,965 Okay, so at least we established 335 00:14:59,065 --> 00:15:02,001 we're talking about the right Amy Gembara 336 00:15:02,168 --> 00:15:05,838 and that you're definitely the Jesse Alvarez she mentions. 337 00:15:07,240 --> 00:15:10,209 - I think she is just a very kind of desperate, 338 00:15:10,309 --> 00:15:11,644 insecure individual. 339 00:15:11,744 --> 00:15:13,880 And I'll be completely frank with you. 340 00:15:13,980 --> 00:15:18,184 She, yeah, just is kind of very aggressive emotionally 341 00:15:18,351 --> 00:15:20,953 and she, I think, 342 00:15:21,120 --> 00:15:24,123 has some kind of maybe histrionic mental disorder 343 00:15:24,223 --> 00:15:25,658 or something like that. 344 00:15:25,825 --> 00:15:28,528 - Are you aware that she was engaged to a guy named Mario? 345 00:15:28,628 --> 00:15:30,596 - No. - Okay. 346 00:15:30,696 --> 00:15:32,231 - [Narrator] By then, detectives at the scene 347 00:15:32,331 --> 00:15:33,432 had reported back 348 00:15:33,599 --> 00:15:35,201 that the getaway car was actually owned 349 00:15:35,368 --> 00:15:37,203 by Jesse's brother. 350 00:15:37,303 --> 00:15:40,373 - We find our victim's DNA on the steering wheel 351 00:15:40,473 --> 00:15:41,841 and on the floor mat. 352 00:15:41,941 --> 00:15:44,544 - Do you drive your brother's car? 353 00:15:44,710 --> 00:15:48,114 - No, I drive my Toyota Prius. 354 00:15:48,281 --> 00:15:49,382 - Okay. 355 00:15:49,549 --> 00:15:52,151 This morning, did you drive your brother's car just by... 356 00:15:52,251 --> 00:15:53,986 - I did not. - Okay. 357 00:15:54,153 --> 00:15:56,055 So then I tried to bring his mom into it 358 00:15:56,222 --> 00:15:57,824 'cause I know he is very close to his mom. 359 00:15:57,990 --> 00:15:59,826 And I said, "Your mom's a great woman. 360 00:15:59,992 --> 00:16:01,427 Don't put her in this position." 361 00:16:01,594 --> 00:16:05,164 So when you were taken into custody today, 362 00:16:05,264 --> 00:16:08,534 because we do believe that you were involved in it, 363 00:16:08,634 --> 00:16:10,503 your mom was interviewed by another homicide detective. 364 00:16:10,670 --> 00:16:11,637 She says, "You know what? 365 00:16:11,804 --> 00:16:13,406 My son left at 6:30 this morning. 366 00:16:13,506 --> 00:16:16,142 He left in my other son's car 367 00:16:16,309 --> 00:16:18,544 without his permission, (bleep)'s car. 368 00:16:18,711 --> 00:16:20,880 He returned an hour and a half later 369 00:16:21,047 --> 00:16:24,183 and he claimed he'd been on a hiking trip. 370 00:16:24,383 --> 00:16:26,986 Did you tell your mom this morning you went hiking, 371 00:16:27,153 --> 00:16:28,955 or did you go on a hike today? 372 00:16:29,121 --> 00:16:31,424 - I did exercise in the morning, but-- 373 00:16:31,591 --> 00:16:32,558 - Where at? 374 00:16:32,658 --> 00:16:34,627 - I went to Pacific Beach. 375 00:16:34,794 --> 00:16:36,028 - In your brother's car? 376 00:16:38,531 --> 00:16:41,801 - No, I was in my car, so that's weird. 377 00:16:41,901 --> 00:16:43,970 - Okay, your mom tells us this morning 378 00:16:44,070 --> 00:16:48,441 that you purchased a gun or got a gun on January 15th 379 00:16:49,475 --> 00:16:51,244 and had it painted white. 380 00:16:51,344 --> 00:16:52,912 Is that true? 381 00:16:53,079 --> 00:16:55,214 - Yes, that is true. - Okay. 382 00:16:55,314 --> 00:16:56,983 - [Narrator] Detectives at the Alvarez home 383 00:16:57,149 --> 00:17:00,953 found the white gun and a white rifle in the garage. 384 00:17:01,120 --> 00:17:03,189 - He recently just got them Cerakoted 385 00:17:03,289 --> 00:17:05,958 to appear as if they're storm trooper guns, 386 00:17:06,058 --> 00:17:07,660 which kind of piqued our interest 387 00:17:07,827 --> 00:17:10,062 because one of our witnesses 388 00:17:10,229 --> 00:17:14,100 described seeing a white plastic looking thermometer. 389 00:17:14,267 --> 00:17:16,202 - [Narrator] And his mother also told detectives 390 00:17:16,302 --> 00:17:18,638 that her son had been practicing with the guns 391 00:17:18,738 --> 00:17:20,773 at a nearby firing range. 392 00:17:21,874 --> 00:17:23,409 - You practice with that gun? 393 00:17:23,509 --> 00:17:24,844 Your mom says you did, that's why I'm asking. 394 00:17:24,944 --> 00:17:26,546 I'm not trying to trick you. 395 00:17:26,712 --> 00:17:27,747 - Right, yeah, no. 396 00:17:29,415 --> 00:17:30,883 Yeah, I have gone to different-- 397 00:17:30,983 --> 00:17:33,152 - When's the last time you went and shot it? 398 00:17:36,789 --> 00:17:37,823 - Let's see. 399 00:17:40,059 --> 00:17:41,827 Like, a little over a week ago. 400 00:17:42,728 --> 00:17:44,497 I practiced at a range. 401 00:17:44,664 --> 00:17:45,698 - Are you the one that shot 402 00:17:45,865 --> 00:17:47,300 Mario in the head with a white gun? 403 00:17:47,466 --> 00:17:48,534 - No. - Okay. 404 00:17:48,634 --> 00:17:49,802 But you're a smart guy. 405 00:17:49,902 --> 00:17:51,270 You traveled all over the world. 406 00:17:51,437 --> 00:17:52,972 What do you think should happen to somebody 407 00:17:53,072 --> 00:17:56,442 that does something like that, that kills another person? 408 00:17:56,542 --> 00:17:57,843 - Oh, that person should go to prison. 409 00:17:57,944 --> 00:17:59,011 That's horrible. 410 00:17:59,111 --> 00:18:00,880 - You know, and then I went to Amy, 411 00:18:01,047 --> 00:18:03,749 I said, "She's gutted, you've destroyed her." 412 00:18:05,418 --> 00:18:07,586 [somber music] 413 00:18:11,190 --> 00:18:12,391 - I mean... 414 00:18:12,491 --> 00:18:14,226 - And then he catches his breath 415 00:18:14,393 --> 00:18:17,029 and he wants to spit it out, but he can't. 416 00:18:17,196 --> 00:18:18,264 I know you're at war in your mind. 417 00:18:18,431 --> 00:18:19,498 I've seen it before. 418 00:18:19,665 --> 00:18:21,067 You're like, you're fighting yourself. 419 00:18:21,233 --> 00:18:24,170 Do I just let it go and tell the truth or do I... 420 00:18:24,270 --> 00:18:27,640 - Yeah, sorry, I'm just trying to gather my thoughts. 421 00:18:28,708 --> 00:18:29,809 I... 422 00:18:32,511 --> 00:18:34,013 I did, um... 423 00:18:37,917 --> 00:18:39,385 I did... 424 00:18:43,556 --> 00:18:44,991 I did, um... 425 00:18:48,661 --> 00:18:51,163 I don't know where to begin. 426 00:18:51,263 --> 00:18:52,798 - At the beginning. 427 00:18:52,898 --> 00:18:54,033 It's simple. 428 00:19:04,510 --> 00:19:06,846 - One of the ways I like to interview, 429 00:19:06,946 --> 00:19:08,247 especially homicide suspects, 430 00:19:08,347 --> 00:19:11,417 they try to get as far away from you as they can. 431 00:19:11,584 --> 00:19:14,153 So I purposely position the table closer to them 432 00:19:14,253 --> 00:19:15,755 and put my chair closer to them. 433 00:19:15,855 --> 00:19:18,958 You obviously are a guy that cares about people. 434 00:19:19,058 --> 00:19:20,993 What makes you drive there this morning? 435 00:19:21,093 --> 00:19:23,362 - I did want to talk to him 436 00:19:24,263 --> 00:19:26,365 and you know, 437 00:19:26,465 --> 00:19:27,566 kind of, 438 00:19:28,634 --> 00:19:30,903 just like we're having a man-to-man conversation, 439 00:19:31,070 --> 00:19:33,039 just sort of say hey. 440 00:19:33,205 --> 00:19:35,408 And then, I went up to him 441 00:19:35,508 --> 00:19:38,744 and just started engaging him, introduced myself. 442 00:19:38,911 --> 00:19:40,079 But as soon as I did, 443 00:19:40,246 --> 00:19:44,817 he got really, really angry and aggressive. 444 00:19:44,984 --> 00:19:46,886 - Instantly. - Instantly. 445 00:19:46,986 --> 00:19:50,156 - He cracked right away and gives it up, 446 00:19:50,322 --> 00:19:53,192 but he's already setting up a self-defense. 447 00:19:53,292 --> 00:19:55,594 - Like he said, "Oh, you're Jesse?" 448 00:19:55,761 --> 00:19:58,230 And he started saying, "You, enough." 449 00:19:58,397 --> 00:19:59,465 Cussing at me and stuff. 450 00:19:59,632 --> 00:20:01,834 And I said, "Hey, hey, calm down. 451 00:20:02,635 --> 00:20:04,170 I just wanted to talk with you." 452 00:20:04,270 --> 00:20:06,605 And then, he did actually try to grab me. 453 00:20:06,706 --> 00:20:08,207 He aggressively attacked me first. 454 00:20:08,307 --> 00:20:10,076 - [Ron] Yeah, there was a fight. 455 00:20:10,242 --> 00:20:13,512 - I acted out of retaliation. 456 00:20:13,679 --> 00:20:15,114 I did not initiate anything. 457 00:20:15,281 --> 00:20:18,117 - And then, this never happens in homicide interviews, 458 00:20:18,217 --> 00:20:19,318 but Detective Leahy says, 459 00:20:19,418 --> 00:20:21,620 "Hey, do you mind reenacting this?" 460 00:20:21,787 --> 00:20:24,757 - Do you mind standing up and using me as a-- 461 00:20:24,857 --> 00:20:26,459 - Yeah, I mean, I... 462 00:20:28,427 --> 00:20:31,063 I don't know to what extent 463 00:20:31,230 --> 00:20:33,833 I'll be able to accurately recall everything. 464 00:20:33,999 --> 00:20:35,768 - He's lower than you, correct? 465 00:20:35,868 --> 00:20:37,436 And can you put-- - That's 'cause he lunges 466 00:20:37,536 --> 00:20:39,905 at you like this. - Yeah, exactly. 467 00:20:40,072 --> 00:20:42,441 - Like this? - Yeah, like grabbing me. 468 00:20:42,541 --> 00:20:44,276 - And then, how do you shoot him 469 00:20:44,376 --> 00:20:46,011 with the head shots, the face shots? 470 00:20:46,112 --> 00:20:47,413 How does that happen? 471 00:20:47,513 --> 00:20:49,682 - Like, I just remember shooting downward. 472 00:20:49,782 --> 00:20:52,485 - Okay, so he's lower. Is this accurate? 473 00:20:52,585 --> 00:20:54,153 - Yeah, that seems accurate. 474 00:20:54,253 --> 00:20:55,421 He's like, holding onto me. 475 00:20:55,588 --> 00:20:57,456 - But you're body to body when this happens. 476 00:20:57,623 --> 00:20:58,758 I mean, you're that close to each other. 477 00:20:58,858 --> 00:20:59,992 This is close. 478 00:21:00,159 --> 00:21:01,794 - Well, yeah. - Is it more like, 479 00:21:01,961 --> 00:21:04,497 is my head the same distance 480 00:21:04,663 --> 00:21:06,599 or is it closer? 481 00:21:06,699 --> 00:21:07,666 Can you push? 482 00:21:07,833 --> 00:21:09,869 You can push my head, I trust you. 483 00:21:10,035 --> 00:21:12,571 - Honestly, I only recall just him 484 00:21:12,671 --> 00:21:14,240 like in the position you're talking about 485 00:21:14,406 --> 00:21:16,909 and me just firing downward as if like let go of me. 486 00:21:17,076 --> 00:21:18,110 - Like this? - Uh-huh. 487 00:21:18,277 --> 00:21:19,478 - Okay. 488 00:21:19,645 --> 00:21:22,081 And then how many of those rounds were fired 489 00:21:22,248 --> 00:21:23,883 when he was down below you? 490 00:21:24,984 --> 00:21:27,353 - I don't recall exactly, but you know... 491 00:21:27,520 --> 00:21:29,588 - We got five casings at the scene. 492 00:21:29,755 --> 00:21:31,590 One unfired round, so that's six, 493 00:21:31,690 --> 00:21:34,627 but five rounds appeared to have been fired. 494 00:21:34,794 --> 00:21:37,363 - So what he described to us 495 00:21:37,463 --> 00:21:40,232 was inconsistent with the crime scene evidence, 496 00:21:40,399 --> 00:21:42,802 but instead, he chose to lie 497 00:21:42,902 --> 00:21:45,838 because what he did wasn't perfect self-defense. 498 00:21:45,938 --> 00:21:47,973 It was premeditated murder. 499 00:21:48,073 --> 00:21:49,909 - So you shoot him and there's like, a pause. 500 00:21:50,075 --> 00:21:53,078 I mean, you kind of walk to your car or what do you do? 501 00:21:53,179 --> 00:21:54,480 Do you say anything to him? 502 00:21:54,580 --> 00:21:55,681 Do you just... 503 00:21:56,649 --> 00:21:59,285 - Honestly, I was just in shock 504 00:21:59,385 --> 00:22:00,953 and I... 505 00:22:04,590 --> 00:22:05,558 Yeah, I didn't even-- 506 00:22:05,658 --> 00:22:06,992 - Did you think you might've killed him though? 507 00:22:07,159 --> 00:22:08,928 I'm just asking that, Jesse, like as you drove away 508 00:22:09,028 --> 00:22:10,196 and just like, "Oh, my God, 509 00:22:10,296 --> 00:22:12,164 I just killed the man," or "I might have?" 510 00:22:12,264 --> 00:22:14,834 - Honestly, I didn't know. 511 00:22:14,934 --> 00:22:18,003 It looked like he was just unconscious. 512 00:22:18,103 --> 00:22:19,972 - [Ron] Okay. I am gonna tell you 513 00:22:20,072 --> 00:22:21,840 that his wounds were catastrophic. 514 00:22:21,941 --> 00:22:24,276 I mean, unfortunately, there was brain matter 515 00:22:24,443 --> 00:22:25,511 all over the ground, 516 00:22:25,678 --> 00:22:27,680 but that's not something you recall, the amount of blood? 517 00:22:27,780 --> 00:22:29,748 It didn't go on your shoes or pants or you? 518 00:22:29,915 --> 00:22:32,785 - No. - All this happens and 519 00:22:33,919 --> 00:22:36,155 you don't call 911, correct? 520 00:22:36,255 --> 00:22:38,457 - Correct. - You don't go to the 7/11 521 00:22:38,624 --> 00:22:40,759 or get off at a gas station and use a payphone 522 00:22:40,860 --> 00:22:42,528 or ask them to call 911, correct? 523 00:22:43,495 --> 00:22:44,430 - No. 524 00:22:44,530 --> 00:22:45,764 - Meanwhile, we're getting updated 525 00:22:45,864 --> 00:22:47,166 on the progress of the search warrant 526 00:22:47,266 --> 00:22:48,434 while this is going on. 527 00:22:48,534 --> 00:22:50,069 You'll see me on the interview getting texts 528 00:22:50,236 --> 00:22:51,470 and I'm looking down, 529 00:22:51,637 --> 00:22:54,473 but they find all this damning evidence. 530 00:22:54,640 --> 00:22:58,744 Jesse still has pictures of him and Amy on the shelves, 531 00:22:58,911 --> 00:23:01,480 but he's like a Cathedral billboard 532 00:23:01,580 --> 00:23:03,415 for the high school with hats and clothing. 533 00:23:03,515 --> 00:23:05,017 I intend on going through your phone 534 00:23:05,184 --> 00:23:06,819 because that's something we have to do. 535 00:23:06,986 --> 00:23:08,954 Would you allow us to go through your phone? 536 00:23:09,054 --> 00:23:10,089 - Oh, absolutely. 537 00:23:10,189 --> 00:23:11,624 I don't have anything to hide. 538 00:23:11,790 --> 00:23:13,125 [gun clicks and fires] 539 00:23:13,225 --> 00:23:15,394 - [Narrator] But a search of Alvarez's internet activity 540 00:23:15,561 --> 00:23:18,364 was another gold mine of evidence. 541 00:23:18,464 --> 00:23:20,766 - The night before the murder, he went to YouTube 542 00:23:20,866 --> 00:23:23,269 and watched an instructional video 543 00:23:23,435 --> 00:23:26,438 on how to shoot a firearm without flinching. 544 00:23:26,605 --> 00:23:30,209 [gun firing and clicking] 545 00:23:30,309 --> 00:23:32,478 So, he watched that, went to bed, 546 00:23:32,578 --> 00:23:34,880 and the next day, killed Mario. 547 00:23:35,881 --> 00:23:37,249 - So, let me tell you this tonight, 548 00:23:37,349 --> 00:23:38,517 and I appreciate you. 549 00:23:38,617 --> 00:23:40,319 I mean, we had a normal conversation here. 550 00:23:40,419 --> 00:23:41,520 This is not going to be, 551 00:23:41,620 --> 00:23:44,189 it's gonna be kind of a long, drawn out... 552 00:23:44,290 --> 00:23:45,591 Somebody died, it's a homicide. 553 00:23:45,691 --> 00:23:48,627 There's nothing more serious, that we take more serious 554 00:23:48,794 --> 00:23:50,462 than the loss of a human being. 555 00:23:50,629 --> 00:23:51,864 - Oh, absolutely. - In law enforcement, 556 00:23:52,031 --> 00:23:56,035 and what society deems the most serious crime. 557 00:23:56,201 --> 00:23:57,469 With that being said, 558 00:23:58,938 --> 00:24:00,906 tonight you are under arrest for murder. 559 00:24:04,043 --> 00:24:05,110 - [Narrator] But his parents hired 560 00:24:05,277 --> 00:24:07,146 one of the city's top defense lawyers 561 00:24:07,313 --> 00:24:10,482 who helped to fashion a novel self-defense theory, 562 00:24:10,582 --> 00:24:14,219 that Jesse Alvarez was on the autism spectrum. 563 00:24:14,386 --> 00:24:17,956 - Obviously, this was a terrible tragedy and a crime. 564 00:24:18,057 --> 00:24:21,994 But if you take Jesse's autism out of the picture, 565 00:24:23,228 --> 00:24:25,230 I think Mario would still be alive today. 566 00:24:25,397 --> 00:24:27,566 [suspenseful music] 567 00:24:39,845 --> 00:24:41,280 - Good morning, we're heading out to San Diego 568 00:24:41,380 --> 00:24:44,350 for opening statements in the case against Jesse Alvarez, 569 00:24:44,516 --> 00:24:46,885 the jilted lover accused of killing his rival, 570 00:24:46,986 --> 00:24:50,389 a beloved high school teacher, Mario Fierro. 571 00:24:50,556 --> 00:24:53,125 - [Narrator] Alvarez's lawyer said he needed a cane 572 00:24:53,225 --> 00:24:56,228 after being injured during fights with other inmates. 573 00:24:56,395 --> 00:24:59,064 - When I first saw him at court, 574 00:24:59,231 --> 00:25:02,968 he kind of looked like the shell of a person. 575 00:25:03,068 --> 00:25:04,036 I was there every day. 576 00:25:04,203 --> 00:25:06,405 I felt like I had a right to know 577 00:25:06,505 --> 00:25:10,275 what was happening, what was being said. 578 00:25:10,442 --> 00:25:11,944 - It's the Jesse Alvarez show. 579 00:25:12,111 --> 00:25:13,245 It always has been. 580 00:25:13,345 --> 00:25:14,480 Everything's about him. 581 00:25:14,580 --> 00:25:16,882 His ego, his bruised ego, 582 00:25:16,982 --> 00:25:19,752 his sense of needing to have power and control. 583 00:25:19,918 --> 00:25:21,220 So I wanted the jury to see 584 00:25:21,387 --> 00:25:22,921 that this was a man on a mission, 585 00:25:23,022 --> 00:25:24,757 on a mission to kill. 586 00:25:24,857 --> 00:25:29,194 Evidence shows that he waited almost an hour 587 00:25:31,764 --> 00:25:35,567 for Mr. Fierro to walk out of his home, 588 00:25:39,004 --> 00:25:40,172 and then he murdered him. 589 00:25:40,272 --> 00:25:42,441 He was just getting ready to go to work. 590 00:25:42,608 --> 00:25:43,809 He was unarmed. 591 00:25:43,909 --> 00:25:46,845 He had no idea that the defendant plotted 592 00:25:46,945 --> 00:25:49,014 a surprise attack. 593 00:25:49,114 --> 00:25:51,116 - [Narrator] For its opening, the defense told the jury 594 00:25:51,283 --> 00:25:53,285 that a new medical diagnosis 595 00:25:53,385 --> 00:25:56,588 would explain why Jesse felt he had to shoot Mario. 596 00:25:56,755 --> 00:25:58,624 - You're going to hear an evidence in his case 597 00:25:58,791 --> 00:26:03,796 that Mr. Alvarez suffers from autism spectrum disorder. 598 00:26:03,896 --> 00:26:05,664 In other words, he's autistic, 599 00:26:05,831 --> 00:26:06,865 and Mr. Alvarez falls in the category 600 00:26:07,032 --> 00:26:10,402 of a high functioning autistic person. 601 00:26:10,502 --> 00:26:12,838 - So, it wasn't diagnosed until this case. 602 00:26:13,005 --> 00:26:14,473 I know that there's some people that think 603 00:26:14,640 --> 00:26:17,276 and misinterpreted it as us using autism 604 00:26:17,443 --> 00:26:19,478 as an excuse to get a murderer off, 605 00:26:19,645 --> 00:26:21,480 and that's not what we were doing. 606 00:26:21,580 --> 00:26:25,551 - Social situations are a very hard part 607 00:26:25,651 --> 00:26:27,519 of Mr. Alvarez's life, 608 00:26:27,619 --> 00:26:30,422 and he doesn't always look at things 609 00:26:30,589 --> 00:26:33,592 the way someone who does not suffer from autism 610 00:26:33,692 --> 00:26:36,995 looks at life, looks at relationships. 611 00:26:37,162 --> 00:26:38,831 Mr. Alvarez is gonna tell you at that point, 612 00:26:38,997 --> 00:26:41,433 Mr. Fierro came toward him, 613 00:26:41,600 --> 00:26:43,435 assaulting him, hitting him. 614 00:26:43,602 --> 00:26:45,237 Mr. Alvarez will tell you 615 00:26:45,404 --> 00:26:47,439 that he finally took the gun out 616 00:26:47,539 --> 00:26:51,910 and pointed its head at Mr. Fierro's body 617 00:26:52,077 --> 00:26:54,112 and said, "Stop, just stop," 618 00:26:54,279 --> 00:26:55,881 as he kept backing up, 619 00:26:55,981 --> 00:27:00,552 that Mr. Alvarez unfortunately then shot five more times. 620 00:27:00,652 --> 00:27:03,322 - Someone in his situation with that disability 621 00:27:03,422 --> 00:27:05,257 was using reasonable force 622 00:27:05,424 --> 00:27:07,759 based on what he believed was happening. 623 00:27:07,860 --> 00:27:09,394 - It was so insulting 624 00:27:09,561 --> 00:27:12,431 to use that as a defense. 625 00:27:12,531 --> 00:27:16,201 It's so insulting to the autism community. 626 00:27:17,569 --> 00:27:19,905 - [Narrator] The prosecution began its case with Amy, 627 00:27:20,072 --> 00:27:22,207 who described Jesse's stalking. 628 00:27:22,307 --> 00:27:25,444 - I saw that the defendant attempted to 629 00:27:27,112 --> 00:27:28,280 get into my apartment. 630 00:27:28,380 --> 00:27:31,950 I knew that 631 00:27:33,986 --> 00:27:35,554 I didn't feel safe because 632 00:27:38,423 --> 00:27:39,758 I told him no. 633 00:27:41,660 --> 00:27:43,829 [tense music] 634 00:27:49,101 --> 00:27:50,602 - [Narrator] To show premeditation, 635 00:27:50,702 --> 00:27:53,505 the prosecution called a trainer from the firing range, 636 00:27:53,672 --> 00:27:55,174 Colin Vase. 637 00:27:55,274 --> 00:27:56,642 - He had asked me where 638 00:27:56,808 --> 00:27:59,645 is the best place to shoot someone to kill them. 639 00:27:59,745 --> 00:28:02,548 I corrected him and basically told him 640 00:28:02,714 --> 00:28:04,016 that we do not shoot to kill someone, 641 00:28:04,116 --> 00:28:05,918 we train to stop a threat. 642 00:28:07,586 --> 00:28:09,421 But then, he asked me a follow-up question. 643 00:28:09,588 --> 00:28:12,457 He said, "Well, what about the back of the head?" 644 00:28:12,624 --> 00:28:14,793 - Is it fair to say that they jumped out at you 645 00:28:14,960 --> 00:28:15,961 'cause that's not a common question 646 00:28:16,061 --> 00:28:17,196 that you get in these classes? 647 00:28:17,296 --> 00:28:18,597 - It is not common. 648 00:28:18,697 --> 00:28:20,866 [suspenseful music] 649 00:28:22,801 --> 00:28:24,670 - [Narrator] The prosecution closed out its case 650 00:28:24,836 --> 00:28:27,973 with the video of Alvarez confessing to the shooting. 651 00:28:28,073 --> 00:28:29,841 - And me just firing downward, as if like, 652 00:28:29,942 --> 00:28:30,709 "Let go of me." 653 00:28:30,876 --> 00:28:31,910 - Like this? - Uh-huh. 654 00:28:32,077 --> 00:28:33,212 - Okay. 655 00:28:33,312 --> 00:28:35,147 - [Narrator] And with Detective Christopher Leahy 656 00:28:35,314 --> 00:28:36,648 on the stand, 657 00:28:36,748 --> 00:28:40,085 the prosecution played the audio of the shots fired. 658 00:28:40,185 --> 00:28:43,188 [gunshots firing] [indistinct shouting] 659 00:28:55,534 --> 00:28:57,669 - What was most notable to me was 660 00:28:58,670 --> 00:29:01,640 the passage in time, the prolonged passage of time 661 00:29:01,807 --> 00:29:04,509 between the first gunshot 662 00:29:04,676 --> 00:29:06,078 to the second gunshot. 663 00:29:07,980 --> 00:29:10,082 - The audio was important 664 00:29:10,182 --> 00:29:13,318 because you could hear 665 00:29:13,418 --> 00:29:15,887 the cadence of those shots. 666 00:29:15,988 --> 00:29:18,390 It's so eerie. 667 00:29:19,591 --> 00:29:20,993 - [Narrator] So now, the stage was set 668 00:29:21,093 --> 00:29:23,395 for Jesse Alvarez to take the stand 669 00:29:23,495 --> 00:29:25,664 and tell the jury why he believed 670 00:29:25,831 --> 00:29:28,033 he had to shoot Mario Fierro. 671 00:29:38,810 --> 00:29:40,946 [suspenseful music] 672 00:29:42,748 --> 00:29:46,151 - We knew that Jesse was gonna testify from the beginning 673 00:29:46,318 --> 00:29:49,154 and that he was gonna explain what exactly happened. 674 00:29:53,592 --> 00:29:57,429 - My autism disability, that I say in retrospect, 675 00:29:58,463 --> 00:30:00,232 'cause I did not know at that time, 676 00:30:01,266 --> 00:30:04,169 I couldn't take the hint. [laughs] 677 00:30:04,269 --> 00:30:06,371 I just, to me, it just went over my head and-- 678 00:30:10,809 --> 00:30:11,843 - That's correct. 679 00:30:19,484 --> 00:30:22,020 - So, I think that 680 00:30:23,255 --> 00:30:26,858 part of my emotional reaction 681 00:30:27,025 --> 00:30:30,462 was that, you know, I, 682 00:30:30,629 --> 00:30:33,398 I felt kind of just 683 00:30:35,834 --> 00:30:38,136 kind of robbed, I guess, like I just, 684 00:30:38,236 --> 00:30:39,971 just all of a sudden, I was replaced so quickly. 685 00:30:40,072 --> 00:30:42,607 And so, I started having these, 686 00:30:44,309 --> 00:30:46,411 yeah, bad fantasies of just like, 687 00:30:48,280 --> 00:30:52,718 wishing that he was gone, or dead, or not there anymore. 688 00:30:52,818 --> 00:30:54,019 - [Narrator] Alvarez testified 689 00:30:54,186 --> 00:30:56,421 that as he arrived in the early morning hours 690 00:30:56,588 --> 00:30:58,090 outside Mario's apartment, 691 00:30:58,190 --> 00:31:00,392 God spoke to him. 692 00:31:00,492 --> 00:31:04,429 - I parked and then I started praying 693 00:31:04,596 --> 00:31:05,864 and just started asking the Lord God 694 00:31:06,031 --> 00:31:08,967 for some wisdom, guidance, and discernment 695 00:31:09,067 --> 00:31:13,438 as to how to most peaceably and amicably 696 00:31:13,605 --> 00:31:15,073 talk with Mr. Fierro 697 00:31:15,240 --> 00:31:19,644 and address the concerns that we had, that I had. 698 00:31:25,083 --> 00:31:27,352 - Well, I said, "Good morning, Mario. How are you? 699 00:31:27,452 --> 00:31:29,121 My name is Jesse Alvarez and..." 700 00:31:29,221 --> 00:31:30,355 And then, 701 00:31:31,390 --> 00:31:33,592 yeah, he began to cut me off 702 00:31:34,626 --> 00:31:37,462 and he looked directly at me 703 00:31:37,629 --> 00:31:40,665 and he said to me, "You (bleep). 704 00:31:40,832 --> 00:31:42,868 I'm gonna (bleep) kill you, (bleep)." 705 00:31:43,034 --> 00:31:44,269 - The hardest parts 706 00:31:44,436 --> 00:31:49,441 were definitely hearing Jesse Alvarez testify. 707 00:31:49,608 --> 00:31:50,909 It was hard for my dad. 708 00:31:51,076 --> 00:31:56,148 He was not happy with the lies that Jesse was telling, 709 00:31:56,314 --> 00:31:59,184 that Mario was like attacking him. 710 00:31:59,351 --> 00:32:01,686 - He tried to grab onto my neck as if to strangle me. 711 00:32:01,787 --> 00:32:04,022 I again tried to push him away and said, 712 00:32:04,189 --> 00:32:06,458 "Please stop, please stop," but he wouldn't. 713 00:32:06,625 --> 00:32:08,527 And so, I had my arm up 714 00:32:08,627 --> 00:32:11,329 just trying to block him from his advances 715 00:32:11,430 --> 00:32:13,598 and I pulled out my firearm 716 00:32:13,698 --> 00:32:16,201 and I showed it to him to say, "Stop, stop." 717 00:32:16,301 --> 00:32:18,036 And I thought when he would see the firearm, 718 00:32:18,203 --> 00:32:19,471 he would stop. 719 00:32:19,638 --> 00:32:22,774 But instead, he tried to seize the firearm from my hand, 720 00:32:22,874 --> 00:32:24,810 and we were wrestling over it, 721 00:32:24,910 --> 00:32:29,347 and he started to point it towards my direction 722 00:32:29,514 --> 00:32:32,150 and then he got his fingers around the trigger 723 00:32:32,317 --> 00:32:35,420 and he pulled it and the gun discharged. 724 00:32:35,587 --> 00:32:39,090 I shot him in the back and he stopped, 725 00:32:39,191 --> 00:32:40,792 and I put my gun down. 726 00:32:40,892 --> 00:32:42,394 He went to his knees 727 00:32:42,561 --> 00:32:45,664 and I just, I stopped. 728 00:32:45,831 --> 00:32:48,233 And then, he got up from his knees 729 00:32:48,400 --> 00:32:49,534 and looked at me again 730 00:32:49,634 --> 00:32:53,305 and again, he said, "I'm gonna (bleep) kill you." 731 00:32:53,472 --> 00:32:55,807 And he rushed me again 732 00:32:55,907 --> 00:32:57,676 and I just aimed downward. 733 00:32:57,843 --> 00:32:59,945 I shot, we had a back and forth, 734 00:33:00,111 --> 00:33:01,546 and he got lower 735 00:33:01,713 --> 00:33:04,516 and lower to the point of stopping 736 00:33:04,683 --> 00:33:07,085 and I was just in such trauma and shock of what happened 737 00:33:07,185 --> 00:33:10,155 that I just, 738 00:33:10,322 --> 00:33:12,190 I didn't know what to do and I just left, 739 00:33:12,357 --> 00:33:14,025 and I got in my car and I drove away. 740 00:33:16,194 --> 00:33:18,363 [tense music] 741 00:33:20,599 --> 00:33:22,634 - [Judge] All right, cross-examination. 742 00:33:22,801 --> 00:33:23,802 - Yes, your honor. 743 00:33:23,969 --> 00:33:26,838 Mr. Alvarez, you told us yesterday 744 00:33:26,938 --> 00:33:29,374 that when you saw this photograph, 745 00:33:29,474 --> 00:33:31,843 you went through a series of emotions, correct? 746 00:33:33,144 --> 00:33:34,346 - [Jesse] Yes. 747 00:33:34,512 --> 00:33:36,548 - I wanted to put the picture up 748 00:33:36,715 --> 00:33:41,353 of Amy and Mario's engagement post 749 00:33:41,453 --> 00:33:43,622 because that was the trigger. 750 00:33:43,788 --> 00:33:46,758 You testified yesterday that you were wishing 751 00:33:46,858 --> 00:33:49,060 after you saw this photograph 752 00:33:49,227 --> 00:33:52,197 that Mr. Fierro was gone, or dead, 753 00:33:52,364 --> 00:33:54,966 or not here anymore, correct? 754 00:33:56,167 --> 00:33:59,070 - I believe, yes. That is what I said yesterday. 755 00:33:59,237 --> 00:34:03,909 - [Ramona] Now, Ms. Gembara made it crystal clear to you 756 00:34:04,075 --> 00:34:06,244 that she wanted nothing to do with you, right? 757 00:34:08,580 --> 00:34:10,315 - She did communicate that. 758 00:34:10,482 --> 00:34:11,917 - You researched, 759 00:34:13,318 --> 00:34:17,122 "the best place to shoot someone in the head 760 00:34:17,222 --> 00:34:19,291 to kill them," correct? 761 00:34:19,391 --> 00:34:20,558 - Again, yes, 762 00:34:20,659 --> 00:34:22,127 a question I already answered for. 763 00:34:23,295 --> 00:34:24,996 A question I already knew the answer for. 764 00:34:26,031 --> 00:34:27,232 - [Ramona] You did shoot Mr. Fierro 765 00:34:27,332 --> 00:34:29,167 in the back of the head, correct? 766 00:34:30,368 --> 00:34:32,637 - That's what the evidence shows. 767 00:34:32,804 --> 00:34:36,174 - Did you shoot Mr. Fierro in the back of the head, 768 00:34:36,274 --> 00:34:37,509 yes or no? 769 00:34:37,676 --> 00:34:38,710 - That's what the evidence shows. 770 00:34:38,877 --> 00:34:40,512 I don't independently remember that. 771 00:34:40,679 --> 00:34:41,880 - [Ramona] You didn't just shoot him once 772 00:34:42,047 --> 00:34:43,481 in the back of the head, Mr. Alvarez, 773 00:34:43,582 --> 00:34:46,618 you shot him twice in the back of the head, correct? 774 00:34:46,785 --> 00:34:49,287 - According to the evidence stated, then yes. 775 00:34:50,588 --> 00:34:52,190 - I just want to be very clear, 776 00:34:52,357 --> 00:34:55,160 you were the one who killed Mr. Fierro, right? 777 00:34:55,260 --> 00:34:56,728 - Yes, I've testified to that. 778 00:34:56,828 --> 00:34:59,965 - [Ramona] You put six bullets in his body, correct? 779 00:35:00,065 --> 00:35:01,666 - Yes, I understand that. 780 00:35:01,833 --> 00:35:04,202 - [Ramona] You put two in his forehead, right? 781 00:35:04,302 --> 00:35:05,437 - Yes. 782 00:35:05,604 --> 00:35:07,272 - [Ramona] And you put two in the back of his head, right? 783 00:35:07,439 --> 00:35:08,440 - Yes. 784 00:35:08,573 --> 00:35:10,709 - [Ramona] And you also shot him in the back, right? 785 00:35:10,875 --> 00:35:11,910 - Right. 786 00:35:13,945 --> 00:35:16,481 - [Ramona] Now you even researched, 787 00:35:16,581 --> 00:35:18,283 "how to get away with killing someone," 788 00:35:18,450 --> 00:35:19,584 including looking up 789 00:35:19,751 --> 00:35:23,288 the California self-defense laws, right? 790 00:35:23,388 --> 00:35:24,389 - Right. 791 00:35:24,556 --> 00:35:26,291 - [Ramona] Now, Mr. Alvarez, will you remind us, 792 00:35:26,391 --> 00:35:28,626 what defense are you going with in this case? 793 00:35:30,428 --> 00:35:32,430 - Of course, self-defense. 794 00:35:32,597 --> 00:35:35,433 - [Ramona] And you're testifying to us twice now 795 00:35:35,600 --> 00:35:39,537 that that was the most traumatic day of your life, correct? 796 00:35:39,638 --> 00:35:41,039 - Yes, ma'am. 797 00:35:41,206 --> 00:35:42,807 As I've described, I almost died 798 00:35:42,907 --> 00:35:47,879 and my family were violently arrested by the police. 799 00:35:48,880 --> 00:35:51,549 - He brutally executed a man 800 00:35:51,716 --> 00:35:56,121 simply because that man was in love with his ex-girlfriend. 801 00:35:56,221 --> 00:35:58,590 But it was the worst day of Jesse Alvarez's life. 802 00:35:58,757 --> 00:36:00,025 No further questions. 803 00:36:00,191 --> 00:36:02,360 [intense music] 804 00:36:07,866 --> 00:36:10,035 [pensive music] 805 00:36:11,036 --> 00:36:12,604 - [Narrator] The final witness for the defense 806 00:36:12,704 --> 00:36:16,508 was the clinical psychologist they hired to test Alvarez. 807 00:36:16,674 --> 00:36:18,610 - Were you able to come to a conclusion 808 00:36:18,710 --> 00:36:20,278 regarding Mr. Alvarez suffering 809 00:36:20,445 --> 00:36:23,014 from a particular mental disorder? 810 00:36:23,114 --> 00:36:26,751 - Yes, I diagnosed him with autism spectrum disorder 811 00:36:26,918 --> 00:36:30,555 and I also diagnosed him with obsessive compulsive disorder. 812 00:36:30,655 --> 00:36:32,757 - The things that I wanted to point out, 813 00:36:32,857 --> 00:36:36,361 that Mr. Alvarez can still act with intention. 814 00:36:36,461 --> 00:36:39,397 - [Ramona] A person with autism can purchase a gun, 815 00:36:39,564 --> 00:36:40,799 correct? - Correct. 816 00:36:40,899 --> 00:36:42,467 - [Ramona] They could go to court 817 00:36:42,634 --> 00:36:45,737 and be able to testify at a hearing, correct? 818 00:36:45,837 --> 00:36:46,938 - Correct. 819 00:36:48,239 --> 00:36:50,041 - [Ramona] In other words, people with autism, 820 00:36:50,208 --> 00:36:52,444 they can still have goal-oriented behavior, correct? 821 00:36:52,544 --> 00:36:53,812 - Absolutely. 822 00:36:53,912 --> 00:36:55,613 - [Ramona] I have no further questions. 823 00:36:55,714 --> 00:36:57,882 [tense music] 824 00:37:00,118 --> 00:37:01,920 - This is Mario Fierro 825 00:37:02,020 --> 00:37:03,621 and he's no longer with us. 826 00:37:04,622 --> 00:37:07,325 In December of 2020, 827 00:37:08,393 --> 00:37:10,628 he proposed to Ms. Gembara. 828 00:37:10,795 --> 00:37:13,064 On December 21st of 2020, 829 00:37:13,231 --> 00:37:18,570 the defendant, Ms. Gembara's possessive and obsessive 830 00:37:18,670 --> 00:37:24,175 and jealous ex-boyfriend saw that announcement. 831 00:37:24,275 --> 00:37:26,611 Mr. Fierro was already dead by that time 832 00:37:27,946 --> 00:37:31,116 because when the defendant saw that, 833 00:37:31,282 --> 00:37:36,354 he had methodically plotted out his execution, 834 00:37:36,521 --> 00:37:39,557 an execution that he ended up doing 835 00:37:39,724 --> 00:37:42,594 on February 1st of 2021. 836 00:37:44,028 --> 00:37:48,433 This is not a self-defense case. 837 00:37:48,533 --> 00:37:51,002 And frankly, it's insulting. 838 00:37:51,102 --> 00:37:52,537 It's insulting. 839 00:37:52,637 --> 00:37:54,339 The defense is gonna come up here 840 00:37:54,439 --> 00:37:55,974 because the defendant is claiming 841 00:37:56,074 --> 00:37:57,642 that this was self-defense, 842 00:37:58,643 --> 00:37:59,644 and that he's gonna tell you 843 00:37:59,811 --> 00:38:02,080 that it has to do with his diagnosis, 844 00:38:02,247 --> 00:38:03,948 and that's just insulting as well, 845 00:38:04,115 --> 00:38:06,317 because he knew exactly what he was doing. 846 00:38:06,417 --> 00:38:09,521 He had a goal, and he obtained that goal, 847 00:38:09,621 --> 00:38:12,190 and that goal was to murder Mr. Fierro. 848 00:38:13,358 --> 00:38:14,492 Thank you. 849 00:38:14,626 --> 00:38:16,027 - [Judge] All right, thank you, Ms. McCarthy. 850 00:38:16,194 --> 00:38:17,162 - Good morning. 851 00:38:17,262 --> 00:38:18,396 Obviously, 852 00:38:19,831 --> 00:38:23,234 Jesse could not get over Amy, 853 00:38:24,836 --> 00:38:26,771 maybe more than any of us have ever seen. 854 00:38:26,871 --> 00:38:29,040 - [Narrator] Defense lawyer Peter Blair told the jury 855 00:38:29,207 --> 00:38:32,310 Alvarez's autism diagnosis was the key factor 856 00:38:32,477 --> 00:38:34,746 in the self-defense argument. 857 00:38:34,913 --> 00:38:38,716 - You gotta see how Jesse just doesn't get it at all 858 00:38:38,883 --> 00:38:41,119 when it comes to dealing with other humans. 859 00:38:42,554 --> 00:38:45,223 And it's always been a problem, he's a smart person. 860 00:38:45,390 --> 00:38:47,759 We know people that suffer from autism 861 00:38:47,892 --> 00:38:49,327 are not dangerous people, 862 00:38:49,427 --> 00:38:52,363 and that's not what we were trying to imply whatsoever. 863 00:38:52,463 --> 00:38:54,365 In fact, it's just the opposite. 864 00:38:54,465 --> 00:38:56,935 It was that there were certain things 865 00:38:57,035 --> 00:38:59,003 that Jesse just didn't get 866 00:38:59,103 --> 00:39:01,039 that put him in a terrible situation. 867 00:39:02,640 --> 00:39:04,809 And his behavior, I think, is reflected 868 00:39:04,909 --> 00:39:06,511 by those symptoms. 869 00:39:06,678 --> 00:39:10,014 Jesse Alvarez was defending himself 870 00:39:10,114 --> 00:39:11,216 and is not a murderer, 871 00:39:11,316 --> 00:39:14,118 and I ask that you vote that way, thank you. 872 00:39:14,285 --> 00:39:16,321 [tense music] 873 00:39:16,421 --> 00:39:19,791 - And happening right now, jury deliberations continuing 874 00:39:19,958 --> 00:39:22,860 in the murder trial against Jesse Alvarez. 875 00:39:23,027 --> 00:39:25,330 - [Narrator] The jury was out for a Friday afternoon, 876 00:39:25,430 --> 00:39:26,431 then a weekend, 877 00:39:26,598 --> 00:39:28,366 and then most of Monday. 878 00:39:28,466 --> 00:39:29,601 - I was thinking, holy (bleep), 879 00:39:29,701 --> 00:39:31,436 we might have actually won this thing. 880 00:39:34,872 --> 00:39:36,641 - All right, the people of State of California 881 00:39:36,808 --> 00:39:39,244 versus Jesse Milton Alvarez. 882 00:39:40,712 --> 00:39:41,846 Verdict count one. 883 00:39:41,946 --> 00:39:43,481 "We, the jury, in the above entitled cause, 884 00:39:43,581 --> 00:39:45,083 find the defendant... 885 00:39:45,183 --> 00:39:47,452 - [Jesse] Hey, Amy, it's Jesse. How's it going? 886 00:39:47,552 --> 00:39:48,820 - [Judge] ...Jesse Milton Alvarez... 887 00:39:48,987 --> 00:39:51,089 - [Jesse] If you could please call or-- 888 00:39:51,189 --> 00:39:54,025 [gunshots firing] [indistinct shouting] 889 00:39:57,395 --> 00:40:00,331 - ...guilty of the crime of murder in the first degree. 890 00:40:00,431 --> 00:40:03,368 - He seemed like he didn't want people to be looking at him. 891 00:40:03,468 --> 00:40:06,004 I don't hold anger for him. 892 00:40:06,170 --> 00:40:07,272 I don't even know if I pity him. 893 00:40:07,438 --> 00:40:09,574 I guess I'm kind of disgusted by him. 894 00:40:12,277 --> 00:40:14,312 [tense music] 895 00:40:14,479 --> 00:40:16,281 - [Narrator] Jesse Alvarez was brought into court 896 00:40:16,381 --> 00:40:17,515 in a wheelchair 897 00:40:17,682 --> 00:40:19,918 after banging his head against the floor 898 00:40:20,018 --> 00:40:23,288 in what prosecutors said was another apparent attempt 899 00:40:23,388 --> 00:40:25,023 to delay the sentencing. 900 00:40:25,189 --> 00:40:28,760 - He found a host of ways 901 00:40:28,860 --> 00:40:31,596 to manage continuance 902 00:40:31,696 --> 00:40:34,899 after another continuance, after another continuance, 903 00:40:35,066 --> 00:40:36,334 which is just, 904 00:40:37,635 --> 00:40:40,338 again, it's about him. 905 00:40:40,438 --> 00:40:44,842 Your Honor, Ms. Amy Gembara is here present virtually 906 00:40:44,942 --> 00:40:46,811 and she would like to make a cast. 907 00:40:46,911 --> 00:40:51,749 - Mario Fierro was my beloved fiance 908 00:40:51,916 --> 00:40:54,118 who was maliciously murdered 909 00:40:54,285 --> 00:40:55,887 by Jesse Alvarez. 910 00:40:57,922 --> 00:41:01,993 One moment, Mario and I were planning our wedding. 911 00:41:02,160 --> 00:41:03,594 Then the next moment, 912 00:41:03,695 --> 00:41:06,564 our loved ones were planning his funeral. 913 00:41:06,664 --> 00:41:09,033 - The level of disrespect that he gave them, 914 00:41:09,200 --> 00:41:10,268 it's not surprising, 915 00:41:11,636 --> 00:41:14,272 but he just kept his head down the entire time. 916 00:41:14,439 --> 00:41:15,707 He couldn't even look at them. 917 00:41:15,873 --> 00:41:18,176 - Though I am here four years 918 00:41:18,276 --> 00:41:20,445 after Mario's life was taken, 919 00:41:21,746 --> 00:41:24,515 I am ready to leave behind 920 00:41:24,682 --> 00:41:26,951 the label of victim 921 00:41:27,118 --> 00:41:29,354 and trade it to survivor. 922 00:41:31,222 --> 00:41:35,193 I stand for those whose voices cannot be heard. 923 00:41:35,360 --> 00:41:38,663 I stand for women who have experienced domestic violence 924 00:41:38,830 --> 00:41:40,598 not here today, 925 00:41:40,698 --> 00:41:42,033 who've had to deal with men 926 00:41:42,133 --> 00:41:44,369 who cannot take no for an answer. 927 00:41:45,837 --> 00:41:48,039 - [Narrator] His conviction carried a mandatory sentence 928 00:41:48,206 --> 00:41:49,674 of life without parole 929 00:41:49,841 --> 00:41:51,442 or the death penalty. 930 00:41:51,609 --> 00:41:53,878 - We didn't want to pursue 931 00:41:54,045 --> 00:41:55,713 the death penalty or anything like that. 932 00:41:55,880 --> 00:41:57,482 We wanted life without parole. 933 00:41:57,648 --> 00:41:58,883 "An eye for an eye 934 00:42:00,018 --> 00:42:02,687 makes the whole world blind," as Gandhi said. 935 00:42:02,787 --> 00:42:05,823 - He's had his face down on a table now for 50 minutes. 936 00:42:05,990 --> 00:42:07,358 It's the court's opinion 937 00:42:07,525 --> 00:42:09,761 that everything we've watched in court since the verdict 938 00:42:10,762 --> 00:42:12,030 has been theatrics, 939 00:42:13,231 --> 00:42:16,334 and he's a cold-hearted killer. 940 00:42:16,434 --> 00:42:18,636 This is as cold-hearted as you can get. 941 00:42:18,803 --> 00:42:21,038 - So it was life without parole 942 00:42:21,205 --> 00:42:23,841 with the judge adding 25 years more 943 00:42:24,008 --> 00:42:27,044 for the charge of lying in wait. 944 00:42:27,211 --> 00:42:28,746 - [Ramona] Nothing will bring Mario back, 945 00:42:28,913 --> 00:42:31,249 but there is, there is a sense of justice 946 00:42:31,349 --> 00:42:34,519 that he's going to spend the rest of his life behind bars 947 00:42:34,619 --> 00:42:37,088 and he's never going to be able 948 00:42:37,188 --> 00:42:40,091 to stalk Amy again, 949 00:42:40,191 --> 00:42:41,859 hurt Amy again, 950 00:42:42,026 --> 00:42:43,828 or hurt anybody that she loves.