Witness testimony heard in fifth day of murder trial
Trending
The fifth day of the jury trial against Oscar Hernandez Diaz, 42, who is accused of killing Abraham Olvera on May 21, 2022, consisted of witness testimony and cross examination by the defense Friday.
The trial opened by introducing Khadine Ritter, a special assistant prosecutor appointed for this case. She said she was appointed due to her Spanish speaking abilities. Ritter is a private practice attorney in Marietta.
Axell Olvera, Abraham's brother, took the witness stand first. Two certified interpreters from the Ohio Supreme Court translated for Olvera.
Assistant Prosecutor James Schneider questioned Olvera first. The witness told Schneider he and his brother had gone out to breakfast the morning of the killing and ran a few errands. When they got back, their father Celso Olvera had returned from work at Greenleaf Landscaping.
"We decided to do laundry since it was Saturday," Olvera said.
Schneider asked Olvera if Oscar Hernandez Diaz and Issac Hernandez Diaz had a washer and dryer in their apartment. Olvera said yes, but they decided to do it at another person's apartment. Olvera said he, Celso, Abraham, and a few others drank while they did their laundry in the afternoon. Olvera said he consumed between eight to 10 beers.
After a while, Celso and Abraham went back to the Olvera apartment with their laundry. Axell said he decided to go to Speedway on foot to buy a 12-pack of beer. On Olvera's way back to his apartment, he heard Oscar Hernandez Diaz calling over to him, inviting him to his and Isaac Hernandez Diaz's place. Olvera said prior to that day, he was on friendly terms with the Hernandez Diaz brothers, although he was closer to one than the other.
"I got along better with Isaac better than Oscar, but we talked occasionally," he said.
Issac Hernandez Diaz took a plea deal in February and pleaded guilty to attempted felonious assault for his role in Abraham Olvera's murder.
When Olvera arrived at 300 Dale St. Apt. A, Oscar and Issac were talking about working at Greenleaf Landscaping, where all three were employed. He said that Oscar said he felt certain workers had privileges when it came to scheduling.
"I told him, 'you're always dissatisfied. You're always complaining.' He got really upset and started yelling and cursing," Olvera said.
Luis Salas, a mutual coworker, attempted to calm Oscar Hernandez Diaz, but was unsuccessful, Olvera said. Salas then told Olvera he should leave.
Olvera went back to his apartment at 320 Dale St. Apt. F, and discovered Issac had followed him with two beer bottles in his hand.
"(Issac) said, 'let's have a beer. You know how my brother is. He'll get over it,'" Olvera said.
Olvera said he took the beer bottle from Issac Hernandez Diaz but threw it away. He then decided to apologize to Oscar.
"My father (Celso) asked me where I was going and I said to apologize to Oscar. I went towards their apartment but didn't make it. Oscar stopped me in the parking lot," he said.
Olvera said Oscar was still upset and told Axell he had done him a favor. Olvera said he tried to leave, but Oscar hit him in the back of the neck. Next thing he knew, Oscar hit Celso Olvera, which angered him. Issac Hernandez Diaz was also involved, using hands and feet
"I jumped on him and we started to fight," Olvera said.
Christian and Luis Salas were on the scene, and pulled Olvera off of Oscar Hernandez Diaz. Oscar then took Abraham by the neck. That fight stopped, then Axell, Abraham, and Celso Olvera went back to their apartment.
"Dad locked the door when we got back. Then, five minutes later we heard Oscar and Issac yelling at us from outside. They said they were going to kill us," he said.
Olvera said the brothers knocked at the door then broke both the living room and bedroom windows. Abraham went to the bedroom window and told him to calm down. Oscar told him to be quiet and stabbed him with the katana style sword..
Axell said he caught Abraham after he was stabbed and helped him to the living room. He said Abraham realized he was seriously injured before collapsing on the floor.
Testimony will resume Monday at 9 a.m.