Witness: Palma drunk when he hit Ortiz

Edgardo Palma was drunk on the night that he allegedly fatally attacked hotel painter Luciano Ortiz, a police detective testified in court Tuesday.

“I smelled a very strong odor of alcohol from the defendant,” said police detective Juan Santos from the witness stand.

He said this indicated that Palma, who remains in jail over the alleged mauling incident that led to the death of Ortiz on Aug. 18, had been drinking alcohol at the Dai-Ichi disco prior to the commission of the alleged crime.

Santos testified that based on his investigation, Ortiz, together with four other friends, had gone to the Thursday night disco at about 11pm on Aug. 12. They arrived at the place almost at the same time that Guada Santos and a female friend had arrived.

While at the disco, Ortiz related to a female friend, Virginia Lasina, that he liked Guada and that he would be courting her.
While talking with his friends, Ortiz reportedly saw Guada get up from her table and walk over to defendant Palma before returning to her table.

Ortiz then allegedly borrowed Lasina’s cellular phone and sent a text message to Guada, after which he approached Guada, saying, “ Hi, it’s been a long time that I’ve not seen you.”

After Ortiz left Guada’s table, Palma approached Guada and left. A little later, Guada went to Palma, returned, and headed to the exit door.

Ortiz was allegedly outside and that he held on to the arm of Guada and had a short conversation with her. Guada allegedly then walked very fast toward the parking lot.

In the meantime, Palma was reportedly following Guada. At the parking lot, Santos said Guada and another witness saw Ortiz standing by Guada’s car.

Guada got inside her car to leave while Ortiz moved to the driver’s side and talked to her in Tagalog.

Ortiz allegedly asked Guada if Palma was her boyfriend, to which Guada responded, “I don’t have a boyfriend.” Santos said Guada kept telling Ortiz that she had to go.

In his testimony, Santos said that Ortiz and Guada have known each other since Sept. 2003. Ortiz allegedly courted her but based on her interview with the detective, she has “no feelings for Ortiz and accepted him only as a friend.”

While Ortiz and Guada were talking, Palma came up and asked about their relationship, to which Ortiz allegedly replied that he and Guada were cousins.

“But cousins look alike,” Palma was quoted as saying.

Sensing a tension, Guada said, “Stop it,” and started to leave. As she was backing her vehicle, her friend, who was on the passenger seat, shouted upon seeing Ortiz and Palma fighting.

Guada stopped the car, got off, and allegedly saw Ortiz already on the pavement, with blood coming out of his nose and head area. Guada left and went back to the disco to ask for help.

As this was happening, Palma was allegedly walking away from the scene. But four other bystanders saw him, got his plate number, and reported the incident to hotel security. Police then arrived and brought Ortiz to the hospital.

Ortiz sustained a skull fracture, resulting in him going into coma and his body being paralyzed. He died on Aug. 18, five days after the incident.

On Tuesday, the Attorney General’s Office-Criminal Division agreed to dismiss without prejudice the second-degree murder charge against Palma provided that a non-trial agreement is reached on or before Sept. 21 this year. The AGO also agreed to change the charge to voluntary manslaughter, which has a lower maximum sentence of 10 years.

If no agreement is reached by Sept. 21, the government can re-file the second-degree murder charge against Palma.

Palma, through assistant public defender Jennifer Ahnstedt, had offered to waive his right to preliminary hearing on the second-degree murder charge.