Witness describes fatal shooting in Santa Rosa motel

After a day of testimony, Judge Shelley Averill ruled there was enough evidence for a trial of two suspects in the August shooting death of Max Weinreb.|

A man believed to have witnessed the shooting death of a Marin County pot dealer inside a Santa Rosa hotel room testified Thursday that he ran out of the room before shots were fired.

Max Weinreb, 21, was killed Aug. 31 at the Vagabond Inn on Cleveland Avenue in what authorities described as a drug deal gone bad.

Donald Parker, 35, of Vallejo and David Espinal, 46, of Sacramento are charged with murder in his slaying.

Weinreb’s friend, identified in court only as Noe, said he helped Weinreb bring two large bags of marijuana to the hotel to be sold that day.

The prosecution’s star witness testified Weinreb handed over one bag to Espinal and then asked for the money, which defense lawyers said was $10,000.

When Espinal didn’t produce it, Weinreb demanded it again and took a step toward Espinal, who moved a hand toward his waist, Noe said.

“He put down the bag and said, ‘I’m gonna give you your money,’” Noe testified of Espinal. “That’s when he reached to his waistband.’”

But the witness said he didn’t see what happened next because he ran outside.

“Something just didn’t flow right,” he said. “It didn’t feel right.”

He testified that he heard gunshots.

His comments came in a preliminary hearing for Espinal and Parker. After a day of testimony, Judge Shelley Averill ruled there was sufficient evidence for a trial.

About a dozen people wearing T-shirts bearing Weinreb’s picture and the words “Justice for Max” listened from the audience.

Police officers and hotel employees testified.

Espinal’s lawyer, Erik Bruce, cross-examined Noe about his role and version of events. Bruce suggested the killing was in self-defense, pointing to evidence that Weinreb was carrying a gun.

Noe admitted he saw Weinreb with a gun a few months earlier but said he didn’t see him with one at the hotel.

He admitted being paid by Weinreb for his help, which this time included watching the marijuana in a car while Weinreb went up to the hotel room, he said.

“Every time he called me for a favor, he would kick me down some money,” the witness said.

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com. ?On Twitter @ppayne.

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