Testimony continues in Yazdi murder trial - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Testimony continues in Yazdi murder trial

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Fred Yazdi Yazdi is charged with murder for the shooting death of 23-year-old Enrique Recio. Yazdi claims Recio was trying to break into his home.

The most compelling testimony came from Recio's friend. He described their night out prior to the incident including the last phone conversation the two had minutes before Recio was shot.

Jurors first heard from the APD officer who drove accused murderer Fred Yazdi from his home in Avery Ranch to the Williamson County Jail.

"Fairly calm, polite," the officer said.

Hours prior, Texas State student Enrique Recio crashed his car in the subdivision. Yazdi says his wife woke him and said someone was trying to break in.

There was a confrontation in the front yard that lead to Yazdi shooting and subsequently killing Recio.

It's difficult to hear, but according to Yazdi's attorney, he tells the officer this about Recio.

"Sir I want you to know I gave this man many opportunities to stop." Defense Attorney Bob Phillips said. "And he turned around towards me again and I was in fear of my life."

A man who lives in Avery Ranch testified next. He says he heard Recio crash his car. He then says he saw him moving around outside the vehicle. He says he contemplated getting his shotgun not knowing if the person were on something. That sparked this back and forth. The defense goes first. Then the prosecution.

Defense Attorney: "Where is your shotgun in your home sir?"

Randall Freeman: "It's in my closet." Randall Freeman

Defense Attorney: "Would you have been inclined to get your shotgun at that very moment?"

Randall Freeman: "If my wife told me there was a burglar in the house. I probably would have tried to get that yes."

Prosecution: "Even if she had seen one outside in the yard? If she would have said there was a burglar outside ? Would your first thought have been to get that shotgun out of the closet?"

Randall Freeman: "I supposed it would have been."

Prosecution: "If you saw someone running away from you would you shoot them?"

Randall Freeman: "No."

Prosecution: "Would you shoot someone in the back?'

Randall Freeman: "No."

Recio's friend, Nick Pascale, then testified.

"A stand up kind of guy, relaxed, funny," Pascale said.

Pascale was with Recio hours before the shooting. He says they went to a concert at a club in downtown Austin. They then went to three bars on 6th Street. Pascale says they left before closing time and Recio headed home. Pascale got a frantic call from him soon after.

"He called and said he got in a wreck," Pascale said.

That was 2:51 a.m. the morning of February 3, 2012. Pascale was on his way. He got another call five minutes later.

"He was just like, 'Man I'm worried. I was in a wreck. Are you on your way?'" Pascale said.

Pascale called five more times between 3:03 and 3:12. No answer.

"I went straight to where the cop cars were. I saw Enrique lying there," Pascale said.

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