BURLEY, Idaho (KMVT/KSVT) — UPDATE 02/07: Luis Ponce, 21, pleaded not guilty before the 5th District Court in Cassia County Tuesday morning.
Ponce was arrested Wednesday, Dec. 13 during an investigation of the homicide of 58-year-old Christopher A. Fassett.
Deputies said Fassett was shot twice, once in the face and once in the stomach and died at the scene under a truck.
Ponce's pretrial is scheduled for May 8 and he is being charged for three felonies: murder, robbery and burglary.
UPDATE: A 58-year-old Burley business owner died following an apparent homicide Wednesday afternoon.
Cassia County Sheriff Jay Heward said deputies found Christopher A. Fassett shot twice on Wednesday at about 5 p.m. at 436 W. Main St. Fassett died at the scene.
Law enforcement arrested Luis Gabriel Ponce, 21, of Burley, on homicide charges on Thursday before noon.
Undersheriff George Warrell told KMVT Fassett was shot in the stomach and in the face. A customer who came to pick-up his vehicle found the Fassett under a vehicle in the shop
Miguel Alamillo was across the street from the scene when two men ran over to tell him they found someone unresponsive under a car.
"I went to go kick him, kick his foot, and make sure he was awake. I called out 'Hey sir, are you okay?' and no response," Alamillo explained.
Alamillo said when he opened the garage door, he smelled propane.
"I felt... got the fumes instantly. So I went to turn off the propane heater thinking he might have gassed out or something," he continued. "I went under the vehicle and I seen what I seen, him laying there with blood on the ground."
Although Alamillo says he wasn't sure what to do, his instincts came in.
"I just kind of followed... some would call it emergency protocol," he said.
Sheriff Jay Heward said the suspect came by the scene and talked to detectives. They later asked him to come back to the sheriff's office for an interview.
"I'm not sure why he came back, but he did," Warell said.
Warrell said Ponce did not turn himself in as much as they believe he came to talk to investigators in an effort “to cover his tracks.”
During their conversation with Ponce at the sheriff's office, the sheriff said he turned himself in.
Warrell said they believe Ponce was not a customer, but do not know how well he and Fassett were acquainted.
Ponce was arrested and booked at the Mini-Cassia Justice Center.
Authorities say although Ponce fled the scene, he never stole anything.
Cassia County Sheriff’s Office investigates what it believes to be a homicide after responding to a Burley business and finding a person shot.
Cassia County Sheriff Jay Heward said deputies found Christopher A. Fassett shot twice on Wednesday at about 5 p.m. at 436 W. Main St. Fassett died at the scene. Law enforcement arrested Luis Gabriel Ponce, 21, of Burley, on homicide charges.
On Thursday, Heward said the office is still putting together the information and did want to thank the Minidoka County Sheriff’s Office for its assistance.
Ponce is being booked into the Cassia County Jail.
Initial information for the sheriff's office has Ponce's first name spelled Lewis. KMVT has corrected this information above.