07/14/08

72 year old Fortino Garcia Leon stood in front of a Jerome County judge and listened to the charges against him: the first a felony charge of first degree murder.

Judge Thomas Borrensen told Leon, "I alleges that on or about the 12th day of July 2008 in the county of Jerome, state of Idaho you did willfully, unlawfully, deliberately, with premeditation and malice of forethought kill and murder Javier Zavala-Paniagua by shooting Javier Zavala Paniagua from which he died."

He could possibly face the death penalty if not life in prison.

Fortino Leon also faces battery charges for allegedly shooting twice, 41 year old Maria Leon who was taken to St. Alphonsus in Boise. She is married to Fortino Leon. She speaks through her son.

Maria said through an interpreter, "He already shot Javier 4 times and to her, he was all out."

She says Fortino Leon shot her once in the arm when she confronted him, and took away a phone she was using to call police. She says Fortino turned away and started to leave, when he came back and shot his wife in the chest.

Maria Leon says she was more worried about the children that where out on the street when the shooting occurred. Plus, she says she's 2 months pregnant.

Maria Leon says neighbors tried to help and Fortino Leon faces charges of aggravated assault on one man who tried to prevent him from leaving.