The state witness Mr.Flores changed his testimony many times,but one and a half years after the crime he testified that he saw Anthony Fuentes walk up to Mr.Tate and kill him. Other witnesses, however,testified that Anthony Fuentes was not the shooter: Ms.Miller, who grew up with Mr.Tate and who had parked right in front of the store,thus knew the victim and could see the robbery and was closer to the shooting than any other witness, testified that the robber who jumped the counter was the one she saw kill Mr.Tate and she descibed Steve V.'s hair style. Mr.Draffin, who worked with Mr.Tate at the same company, also saw the shooting and testified that Anthony Fuentes did not kill Mr.Tate. Steve V.'s location during the shooting was never clarified and the state did not want him to testify at Anthony Fuentes' trial.

When Steve V. was confronted two years after the crime he admitted that he was the robber who jumped the counter,in an affidavit,however,which could never be cross-examined at Anthony Fuentes trial,he stated that he (Steve V.)was unarmed. Mr.Draffin,however,who was receiving weapons training from the U.S.Army,testified that Steve V. did have a gun and that it was a semi-automatic pistol. Mr.Tate was shot with two 9-millimeter slugs,which are most commonly used in automatic guns. The state accepted Steve V.'s affidavit although the prosecution knew that there were two guns involved.

The day of the crime the state witness Mr.Soria said that the gun that Anthony Fuentes' had was an "old" gun,but at the trial over two years later Mr.Soria suddenly changed to an automatic gun.

The autopsy report showed that the gun wounds were downwards. Mr.Tate was 6'2", Anthony Fuentes is 5'9". The witnesses testified that there was no tackel or struggle,thus it was impossible that Anthony Fuentes' inflicted a downward gun wound to the taller Mr.Tate.

Witness Faulker testified that he saw Mr.Tate get shot and the shooter was not near Mr.Tate.