The brother of a murder victim told jurors about the final moments of his brother's life.
It's part of the opening testimony in the capital murder trial of the defendant accused of shooting the victim in cold blood. Brian Suniga is accused of firing three bullets into David Rowser's chest during a robbery at One Guy from Italy restaurant just before Christmas in 2011.
Prosecutor Sunshine Stanek told jurors "the events of that night can be described as nothing less than evil, but that David died in the arms of the love of his brother." Stanek went on to explain to the jury the evidence would show Suniga was the trigger man.
Suniga's defense attorney Ray Keith told the jury not to let emotion take control. "this is not just a formality you have to listen to all the evidence and then decide what is the truth."
911 calls were then played for the jury, painting a horrific picture of what happened. All the calls described two men, one with "whiteout" contacts and the other with a star tattoo on his face. Callers said the men entered the business, robbed the clerk and then shot an employee before leaving.
Rowser's brother Jonathan also took the stand.
He described how the two men entered the business and demanded money before the suspects shot his brother three times in the chest.
He said his brother was mopping the bathroom, and when he came out the two men confronted him and asked Rowser if he was going to be a hero and then the man with the "whiteout" contacts fired three times. Jonathan says he tried to help his brother and that he was yelling at him to "stay with him".
Customers and employees, who were inside the restaurant during the shooting also took the stand.
Each one testified the two men calmly walked in just before closing time and pulled handguns on the cashier demanding money. They all say the men stopped said something to Rowser then fired three times before leaving.
Suniga faces the death penalty if convicted.