Man who pleaded guilty in a deadly Lexington shooting testifies against another suspect
A man who pleaded guilty in connection to a fatal shooting in Lexington is testifying against another suspect, and said in court Wednesday that he watched the slaying happen.
Isaac Suastegui, a 22 year old Lexington man who previously faced a charge of complicity to murder, testified to a jury Wednesday that he watched Kaleb Henry, 21, shoot and kill a teenager in 2020. Suastegui and Henry were both charged, but Suastegui pleaded guilty to amended-down charges. Henry’s case went to trial. The trial started Monday and was expected to continue into Thursday.
Miguel Diaz, 19, was killed in the shooting.
Suastegui said he was at the scene of the crime on Speigle Street and claimed Henry was the shooter. Suastegui said he was with Henry and others at a house when he convinced Diaz to come over for a marijuana deal. Suastegui was the one who greeted Diaz and another individual who was with Diaz when they arrived at the home.
Suastegui said Diaz was at the house for no longer than five minutes before Henry shot him. He said he remembered seeing Diaz fall to the ground and being frozen.
He said he also remembered the person who showed up with Diaz running out of the house saying “don’t shoot me” while being chased by Henry. Diaz’ girlfriend was also at the scene of the shooting but stayed in the car during the incident, according to courtroom testimony Wednesday. Diaz’ friend and girlfriend fled from the scene uninjured.
Suastegui said everyone left the house after the shooting. He was staying at a motel by himself when he was arrested by police two days later.
Suastegui said he had a brief conversation with Henry between the shooting and his arrest, but didn’t remember what was said.
Defense: Suspect’s new testimony conflicts with prior statements
He also couldn’t recall the details of his interview with police after his arrest when Daniel Whitley, a defense attorney for Henry, brought it up in court Wednesday. Suastegui said he was scared and a lot of things were said. Whitley said a transcript of the interview indicates that Suastegui said Henry was not the shooter and blamed someone else.
Suastegui said he didn’t remember telling police that. Whitley pushed for a break to allow Suastegui to familiarize himself with the interview from the transcript, but the request was denied after attorneys met with the judge.
Diaz’ girlfriend also testified on Wednesday. She said she remembers going to Speigle Street with Diaz and his friend on July 27.
Diaz’ girlfriend said she was in the driver’s seat of the car when the shooting occurred but didn’t hear any shots fired from inside the home. She said she saw Diaz’ friend running away from the home while Henry fired three to five shots in their direction.
Diaz’ girlfriend said Diaz’ friend was the one who called 911 while they drove away. They went to a park, where the friend’s car was parked, and moved drugs, clothes and Diaz’ cell phone from Diaz’ car to the other car before someone else picked them up and took them back to the crime scene.
Diaz’ girlfriend did not speak with police that day, saying she was a runaway minor and didn’t want to go back into foster care. She eventually spoke with police over the phone five days later.
Detective: Witness statements led police to Henry
Det. Phillip Johnson, who was the lead detective in the homicide case, testified in court about the statements made by Suastegui and other witnesses that ultimately led to Henry’s arrest.
Johnson said Suastegui wasn’t honest initially in his statement following his arrest. Regardless, his statement and others’ led police to obtain an arrest warrant for Henry, which was carried out on Aug. 7, 2020.
Prosecutors played the recording of Henry’s statement to Johnson the day of his arrest. Henry declared his innocence multiple times on the recording, saying he wasn’t at Speigle Street the day of the shooting and he would’ve fled the area if he had killed someone.
Johnson told Henry phone records connected him to the scene of the crime. Henry responded by saying he didn’t have a phone. But Facebook messages sent by Henry say he’s at Speigle Street frequently, according to court testimony.
Attorney questions why DNA evidence wasn’t utilized
A defense attorney questioned why Johnson put more emphasis on the witness’ interviews and not scientific evidence throughout the course of the investigation. Johnson confirmed DNA samples were taken but not sent to the lab, saying he felt the witness interviews were compelling enough.
Johnson didn’t specifically answer when asked by Henry’s attorney if scientific evidence would be more telling than witness accounts. Henry’s attorney also questioned why Johnson didn’t interview neighbors on Speigle Street personally, instead trusting the judgment of the interviewing officers.
Henry faces charges of complicity to murder, robbery and wanton endangerment. A jury is expected to determine his innocence or guilt following this week’s trial.
Suastegui previously faced similar charges, but pleaded guilty to second-degree manslaughter, robbery, evidence tampering and marijuana trafficking, according to court records. He’s scheduled to be sentenced on those charges on April 1.
This story was originally published March 23, 2022 at 3:59 PM.
