Fred Yazdi Murder Trial: Victim's friend testifies about night of shooting


by ASHLEY GOUDEAU / KVUE News and Photojournalist SCOTT McKENNEY

Bio | Email | Follow: @AshleyG_KVUE

Posted on October 17, 2013 at 8:16 PM

Updated Thursday, Oct 17 at 8:20 PM

WILLIAMSON COUNTY, Texas -- Thursday was another emotional day in court for the family of Enrique Recio.

On February 3, 2012, Recio was fatally shot three times by Fred Yazdi outside of Yazdi's home. Investigators say Recio crashed his car on Avery Ranch Boulevard and left the scene to avoid getting a DWI.

Recio's best friend Nicholas Pascale testified on Thursday about what happened the night the 23-year-old was killed.

"I'm scared man. I'm really worried," Pascale told jurors, describing the last time he talked with Recio.

Pascale said the two went to a concert, then to three bars on East 6th Street.

They went back to Pascale's home and Recio left. Minutes later, Recio called Pascale saying he wrecked his car.

"He said 'man I'm worried. Man can you come help me?' And I was like, ‘I'm on my way.’"

Pascale told jurors he and another friend drove to help. He spoke to Recio one last time to find out where he was, but got there too late to help.

"I saw Enrique lying there," he said. "I had no idea. An officer tried to hold me back."

Pascale testified he saw Recio drink only one beer while they were out, but defense attorney Bob Phillips pointed out Recio's blood alcohol level was twice the legal limit.

Jurors also heard a recording from the patrol car that took Yazdi to Austin Police Headquarters.
The officer driving that car said he didn't ask Yazdi any questions, but Yazdi told him what happened.

In the recording, Yazdi said:

"Sir I want you to know I gave him, this man, many opportunities to stop and he, he did not. In fact, he turned around towards me again. And I was in fear for my life sir. That's why I shot him. I was not trying to take this man's life from him. I was just trying to protect my property, and my life, and my children's life, and my wife's life. That's all."

The officer also told jurors it seemed Recio was trying to get away when Yazdi shot him.

"I got the impression that he was leaving and he was telling him to stop," said Officer Abraham Deschman.

The last juror to take the stand was APD Homicide Detective Richard Jennings.

Yazdi told officers Recio was banging on his door, trying to break into the house.

But Jennings said there was no evidence Recio was trying to get in the Yazdi's home, cars, or the back yard. He pointed out there weren't even foot prints in the flower bed.

During his testimony, the prosecution showed crime scene pictures. In one of the pictures, jurors could see Recio's body lying on the ground. Yazdi turned around to avoid looking at the screen.

Members of Recio's family started crying. The judge had some of them moved to the back of the courtroom, but one woman cried and ran out of the courtroom.

Witness testimony is set to continue Friday.

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