A man on trial in Fresno has admitted to causing the death of a homeless man last year. However, Frank Ruben Castillo, 49, says he did not intend to kill Johnny Salvio when he beat and kicked him while was sleeping on the ground.
Pictures showed to the jury by Prosecutor Sam Dalesandro during opening statements revealed Salvio’s heavily bludgeoned face, which Dalesandro said was caused by Castillo’s violent stomping. Salvio was brought to Community Regional Medical Center shortly after the attack, and was pronounced dead as a result of the beating he endured.
The prosecution and the defense both agreed that Castillo and Salvio, who knew one another, were disputing about a woman both of them were seeing. However, Dalesandro contended that Castillo consciously intended to kill Salvio after learning Salvio got into a fight with the woman, who was sent to jail. Castillo’s defense attorney, on the other hand, stated that his client wanted to confront Salvio but had no intention of killing him.
“He kicked [Salvio] a few times but he didn’t move,” said Castillo’s criminal defense attorney. “He didn’t know he had killed Johnny. He kicked him to wake him up so they could fight.”
Castill’s attorney also noted that Salvio was heavily intoxicated, with a .39 blood alcohol concentration (BAC), nearly five times the legal limit for driving.
If convicted of murder, Castillo could face life in prison.