Jury deliberations begin in fatal Whiskey Tip shooting

A first-degree murder conviction in a killing outside a Roseland bar hinges on whether a jury believes two Santa Rosa men shot the victim in self-defense or in revenge for a prior shooting.

The jury of eight women and four men received the case Tuesday afternoon following closing arguments in the trial of Ednie Afamasaga and Fogatia Fuiava.

They’re accused of fatally shooting Kenneth McDaniel, a 27-year-old Santa Rosa man, who was hit by a barrage of gunfire outside Whiskey Tip bar on Sept. 25, 2021.

Afamasaga, 29, and Fuiava, 31, are each charged with murder, conspiracy, shooting at a vehicle and assault with a semiautomatic gun.

Each faces life in prison if convicted as charged.

No one disputes the defendants shot McDaniel, nor do they argue the 2021 encounter stemmed from him shooting Afamasaga in his leg in June 2018.

At issue is whether Afamasaga and Fogatia opened fire outside Whiskey Tip because they thought McDaniel was dangerous or they wanted revenge for what happened in 2018.

On Tuesday, Sonoma County Deputy District Attorney Matthew Hobson said the defendants spent 46 minutes “stalking” McDaniel after spotting him at Whiskey Tip.

Surveillance footage from Whiskey Tip shows the defendants going in and out of the bar on Sept. 25 and approaching McDaniel several times before firing nearly 30 rounds while the victim was on his knees.

“This wasn’t fear of imminent death; this was retaliation,” Hobson told jurors.

The trial began Feb. 20 before Judge Robert LaForge and both defendants testified last week McDaniel’s presence was cause for concern and discussion on Sept. 25.

Their encounter was a coincidence and defense attorneys balked at any notion Afamasaga and Fuiava came to Whiskey Tip and conspired to kill McDaniel.

“Truth of the matter is, there’s no evidence of that,” said Fuiava’s attorney, Martin Woods.

They and other family and friends were at Whiskey Tip for a rap performance featuring a relative. The defendants said they considered leaving before asking McDaniel to keep the peace that night.

He balked at their request and said, “’Get your (expletive) outside,’” Afamasaga testified last week, claiming that comment sparked safety concerns.

His attorney, Joe Bisbiglia, said Afamasaga was understandably concerned when seeing McDaniel at Whiskey Tip after the 2018 shooting.

Afamasaga testified he was a bouncer at Remy’s Bar & Grill in Santa Rosa when he tried to break up a fight involving McDaniel. At one point, he claimed, McDaniel opened fire and hit him in his leg.

“He knew Mr. McDaniel and he knew what Mr. McDaniel was capable of,” Bisbiglia said.

McDaniel was never arrested in the shooting and Afamasaga said he never saw him until the night at Whiskey Tip.

On Tuesday, Deputy District Attorney Anne Masterson countered there’s no evidence Afamasaga was the target in 2018. Still, evidence including lyrics from a rap video by the defendants showed they were open to retaliation.

Both were armed with unregistered guns at Whiskey Tip and Masterson said they happened to find a target in McDaniel. Surveillance footage showed them approaching him several times.

“Every time they crossed paths with Mr. McDaniel, he walked way. They closed the path,” Masterson said.

Prosecutors presented surveillance footage of the defendants opening fire on McDaniel while he was beside a pickup and on his knees.

This, and the fact no one saw him with a gun, showed McDaniel wasn’t a threat, Hobson said Tuesday.

An associate of McDaniel’s, identified in court as Raymond Burt, was beside him during the shooting. He fled and hasn’t been seen since, Woods said Tuesday.

Masterson said that was incorrect and Burt returned to the scene and was cooperative with police.

Both defendants also fled and were arrested three days after the shooting. Afamasaga said he threw his gun in the Petaluma River, and Fuiava said he disposed of his gun in the Pacific Ocean.

Hobson emphasized both guns were unregistered and self-defense wouldn’t have moved the defendants to dispose of them.

He also stressed both defendants didn’t immediately cooperate with investigators and believes they lied several times on the stand.

Woods took exception to the allegation and stressed the defendants had willingly testified to explain what happened at Whiskey Tip.

Masterson argued Afamasaga had “unfinished business” and they were armed and prepared to kill someone on Sept. 25. That someone just happened to be McDaniel.

“McDaniel never saw it coming,” she said.

You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com. On Twitter @colin_atagi