Car wash manager accused of killing patron over dog feces testifies in his own defense

The former car wash manager accused of killing one of his patrons during a fight over dog feces testified in his own defense Friday.

Leo Molina, 59, is accused of killing 39-year-old Gregory Cleto Fernandez. Police say the murder happened on the 500 block of North Valley at Hadley in North-Central Las Cruses October of 2015.

According to court documents, Molina began arguing with Fernandez after he told him several times to not wash dog feces off the bed of his truck at the car wash.

Prior to the alleged incident, Molina went to the City’s Code Compliance Department to file a complaint.

The codes employee told Molina she would send an officer to investigate. Police say Molina allegedly told the codes employee, “if this doesn’t go the way I want, I have a gun and I’ll take care of this myself.”

Molina testified that we went to the codes department regarding the potential health hazard but made no mention of taking matters into his own hands or that he had a gun.

The defendant told jurors he purchased a gun for self-defense in July 2015 because of many break-in’s at the car wash.

Molina said he had banned Fernandez from the car wash after his first warning, but became agitated when Fernandez returned spraying dog waste out of his truck bed.

In court Friday, the defendant said Fernandez approached him when he turned the car wash off. Molina told jurors Fernandez argued his money was in the machine and there were no signs warning people not to wash off the waste.

The defendant said Fernandez grabbed him then tackled him. The two fell to the ground and began fighting. Molina recalled Fernandez trying to gouge his eyes.

Defense attorney Gary Mitchell asked Molina how it felt.

“It was excruciating,” Molina answered, “I’ve never experienced pain like that. Not even close. I thought I was going to lose that eye. I grabbed ahold of his wrists and I just began screaming to him to stop just stop. That’s enough, stop.”

“My vision was really blurry,” Molina said, “But I saw a pistol lying on the pavement, and I saw him reaching for the pistol, so I reached for the pistol.

Molina further stated, “We got to the pistol at the same time, but I was able to grab the handle and get control of it. I began to strike him with the pistol. I struck him two or three times but I have no idea where I got him.”

The defendant explained Fernandez’s attack intensified and he had no choice but to fire a warning shot. “I was able to fire a shot in his direction. There was no relief, and maybe a second later, I fired a second shot. That time, I felt his legs relax around me and I felt his fingers slide out of my eye socket.”

Molina said he then called 911 and witnesses waived at him to put the gun down. Police arrived shortly after and took him into custody.

“Why did you fire your gun,” Mitchell asked.

“To save my life,” Molina answered.

Closing arguments are scheduled to begin Monday.