Thursday, Sept. 1, 2005 | 9:51 a.m.
Two men will stand trial for killing another man outside the Sapphire topless club, Las Vegas Justice of the Peace Joe Bonaventure ruled Wednesday, despite ballistic evidence showing that the gun owned by one of the men was not used in the killing.
Brian Baker, 29, and 30-year-old Jesus Vega are scheduled for arraignment Sept. 14 before District Judge Jennifer Togliatti in the July 24 death of 30-year-old Wei Liu.
Baker and Vega are also charged with two counts of attempted murder and one count each of conspiracy to commit murder and discharging a firearm at or into a structure or vehicle.
Prior to Bonaventure's decision, Metro firearms and toolmark examiner Dinnah Caluag testified that the gun determined to be Baker's was not "used to fire the cartridges that were found at the scene."
Baker's attorney, Chris Oram, had said the results of tests on the gun that authorities believe was the murder weapon will show clearly that Vega, and not Baker, was the shooter.
Bonaventure said that while Baker might not be the shooter, there was enough evidence offered by witnesses to bind the case to District Court.
Vega's attorney, Dominic Gentile, said his client acted in self-defense during an argument that occurred about 5:40 a.m. outside the topless club on Industrial Road near Desert Inn Road.
At the first day of the preliminary hearing on Aug. 9, 29-year-old Amir Mogadan said he, Liu and another friend were at the tail end of a night out to area topless clubs when the three left Sapphire at a little after 5 a.m.
He said as they walked through the parking lot to his car, Liu stopped and looked inside a convertible car and was "messing around."
Mogadan said around this time he saw a man he now knows as Baker. He said "middle fingers were exchanged."
He said that after getting into his car and driving to the exit he saw "Baker waiving from the back as he was saying goodbye to a blonde woman," and he decided to drive back "to see what's up."
"I thought the worse case scenario was we would box, fight one on one," Mogadan said.
The scenario was ultimately much worse.
Mogadan said he parked the car and Liu got out.
"I turned to open my door, and I heard gunshots and then turned right and saw Vega shooting at us,' Mogadan said.
Mogadan said he ducked and then let go of the brake pedal in hopes of driving away because even though he "didn't want to leave Wie, I didn't have a gun and I thought we were all dead."
He said after Vega and Baker got into a car and drove away, he made it over to Liu who "looked like he was asleep."
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