OGDEN — Two Ogden men charged in connection with a shooting earlier this year were present in court Wednesday for their preliminary hearing.
Jose Damian Garcia, 25, and Gilberto Noe Ruiz, 21, appeared alongside their attorneys hear the evidence against them. Both Garcia and Ruiz are accused of taking part in a shooting that left a man with three gunshot wounds on April 27 in Ogden.
The two are charged with attempted murder, a first-degree felony; obstructing justice, a second-degree felony; and possession of a weapon by a restricted person, a second-degree felony.
Ruiz posted a $40,000 bond shortly after his arrest on May 30 and is no longer in police custody. He appeared in court wearing regular clothes. Garcia is being held without bail at the Weber County Jail, and appeared in court in handcuffs and wearing jail garb.
One of the first witnesses called during the hearing was the victim, who told the court he was shot in his upper left arm, left elbow and his left hip.
He told the court that he went to the area of 30th Street and Quincy Avenue that day because he heard two of his friends were getting into a fight. When he got there, people were scattered around the intersection.
Moments later, he heard shots being fired and felt something that caused his body to spin around. He quickly discovered he was shot three times and was taken to a local hospital for treatment.
The man said he saw an SUV driving away and another man shoot back at the car.
According to a probable cause statement, Ruiz was the alleged driver while Garcia is accused of shooting out of the front passenger side window as the SUV drove away.
The victim told the court he recognized Ruiz as the driver of the car, but didn't recognize the person in the passenger seat.
Later, a man who said he's the cousin of both Ruiz and Garcia took the stand to testify. He told the court that Garcia called him that day and asked if he could help him change a tire. When he found the car, the man said that Garcia and Ruiz were acting "hyper" and "nervous."
He said the two told him to hide a gun allegedly used in the shooting. The man said he stored the gun at a friend's house later that day.
Charging documents allege police dispatchers received a call from a woman that day who said her friend dropped off a gun at her home shortly after the shooting. The man told her that the gun was just used in a shooting “to kill someone,” the statement says.
Paul Rimmasch, a crime scene investigator with Weber Metro CSI, said he analyzed a fingerprint found on the bottom of the gun's magazine, which came back as a match to Ruiz.
A decision was not made as to whether or not the case be bound over to trial, as the hearing began late and was only scheduled for Wednesday morning. Prosecutors told the court they have other witnesses they planned to question, and needed to schedule a date for the remainder of the hearing.
The hearing was continued and will pick back up on Oct. 26.