• BY GABE SEMENZA - GSEMENZA@VICAD.COM
• Originally published November 20, 2009 at 8:39 p.m., updated November 21, 2009 at 10:35 p.m.

• The trial of Sebastian Mejia is scheduled to resume at 9:45 a.m. Monday in District Judge Robert Cheshire's courtroom.

The prosecution's key witness testified Friday that he supplied the gun and getaway van for Sebastian Mejia.

Mejia, 30, is charged with the 2007 shooting death of 17-year-old Derrick Quintanilla. Mejia is also accused of acting as a member of the Texas Syndicate prison gang.

Paul Garcia offered testimony that supported both charges.

"Garcia put the gun in the defendant's hands and the defendant at the crime scene. Yeah, he's a key witness," District Attorney Steve Tyler said.

Garcia, who became friends with Mejia, shared a passion for tattoos. Mejia inked Garcia with a portrait of Garcia's late father and a grim reaper. "Death don't want me," Garcia said, rolling back a sleeve, pointing to one arm and then the other. "Heaven can't have me."

On the morning of the shooting death, Garcia received a handful of phone calls from Mejia. First, Mejia asked for a ride. "Then he asked me to bring a gun," Garcia said, adding that he complied with both requests.

After a short drive, Garcia climbed down from the driver's seat of his gray van, walked to the ground floor apartment and tapped on the glass-sliding door. Mejia stepped outside. The two drove toward where Mejia said he knew Quintanilla to be, a house in central Victoria, Garcia testified.

During the trip, Mejia asked about the 9mm. It was loaded and in the center console. Mejia grabbed the gun, slid it under his belt and covered it with his untucked shirt, Garcia testified.

After leaving Mejia at the drop off point - a spot within walking distance of where Quintanilla was - Garcia drove toward his home, he said. Mejia called within moments, though, and Garcia said he returned to the drop-off point to pick his friend up.

Investigators later found Mejia's palm print on the door to the home where Quintanilla stayed. The door was kicked in.

"I don't think it's right what he did," Garcia said. "He thought Quintanilla stole money from him. He was mad. He said he was going to get it back."

That Mejia lost a small wad of money was not the reason for his anger, Tyler said. Mejia is a suspected local leader of the Texas Syndicate. Leaders can't operate if they allow disrespect such as this to go unpunished, Tyler said.

Garcia and his family moved outside Texas after the shooting death.

"He was the type of person that you're either with him or against him," Garcia said, explaining why he provided a gun and vehicle for Mejia. "I'm scared of him."

Alex Luna, one of Mejia's two defense attorneys, raised questions about Garcia's story. Garcia had the murder weapon the morning of the crime, later disposed of it in a creek and at first withheld information from investigators.

Garcia also struggled all afternoon to recall times and dates.

The day after Quintanilla died of a gunshot to the face, Garcia dumped the 9mm beneath a Port Lavaca bridge. This spot, where he once gathered bait for fishing, was prime because of the foliage and debris, Garcia said.

"I got scared. I threw the gun in that place because I didn't think anyone would find it there," he said.

At the time, Garcia was on the last year of a 10-year probation for an arson conviction. He wasn't allowed to have a gun.

When investigators first approached Garcia about the Quintanilla death, he told them he didn't know where the gun was. Later, he led them to the creek.

Divers found the gun in June - about the same time Garcia agreed to an immunity deal with Victoria investigators. Nothing Garcia testified to on Friday can be used against him, so long as he told the truth.

This trial isn't the first time in which Garcia signed a deal with police. He agreed to work with Calhoun County law enforcement to help catch drug dealers. Garcia agreed to become a snitch and thus avoid possible jail time for a drug crime officers said they could charge him with.

Garcia failed to follow through with the deal and later served three months in jail, although he was never charged with a crime and later released, Tyler said.

When Garcia received the immunity offer for the Quintanilla case, he said, "I'll tell you the truth, but I'll never testify because I don't want to die."

The prosecution is expected to close its case on Monday after soliciting testimony from forensics experts and others.

Luna and defense attorney Luis Martinez declined comment after trial on Friday, except to say they feel upcoming evidence will exonerate their client.

Mejia is charged with capital murder. The state is not seeking the death penalty. If the jury finds Mejia guilty of capital murder, he will serve life in prison.

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