"We tried to leave but Vincent kept saying, "No, you have to kill them all"; Roger Surber pleaded for his life "I said, please don't, I have my baby"

Very powerful and detailed testimony was given by Roger Surber this morning in the preliminary hearing for Rodney and Vincent Ortiz.

On March 21st, Roger was at Daniel Colegrove's trailer along with his fiancee Ethel Reed and their nine month baby. With them were Francis Colegrove, Brent Hamerik and Jesse Moser. They were in the living room talking and hanging out.

 He referred to Daniel Colegrove as "Johnson" and said he was a "good person" he ahd known for years, who helped him out with money and gave him work.

Rodney and Vincent came into the house . He did not see them arrive. "Rodney and Johnson started arguing about four ounces of weed," he paused briefly for a second and added,"marijuana."

"Basically Rodney was saying 'this is my son, I'm here to straighten this out'. Rodney pulled out a pistol and shot Johnson. He shot him right on the face, I believe. Then he turned around and shot Francis in the back of the head. We tried to leave but Vincent kept saying, 'No, you have to kill them all'. I said, Please don't, I have my baby. Then Rodney shot me in the shoulder and head."

Surber said that after they shot the three of them, Rodney and Vincent Ortiz "took off running." After they left, he just lay on the floor for "half an hour until the ambulance showed up."

"The bullet went into my head through my chest and the bullet is still there." Surber was in the hospital for six days. There are still two bullets in his chest. He testified later that the bullet went through his head and then his neck.

"When Rodney first came in, the gun was in his waistband." Then referring to Daniel Colegrove, Surner said said "I guess he bought a pound of marijuana from Vincent and it was four ounces short."

Rodney and Vincent Ortiz were somber at some points of testimony this morning but Rodney Ortiz was often smiling and at one point, while we were on a brief pause in testimony, they were both laughing in court while the victims' families were sitting in front of them.

"When Rodney started shooting, few people jumped out the window they were sitting next, " said Surber. "Johnson did not threaten or hit Rodney. At one point, he said 'let's go outside and fight about it.' This was followed by more conversation and then Surber said that Rodney Ortiz shot Daniel Colegrove. "He just fell down." After Rodney Ortiz shot Francis Colegrove, he came towards Surber pointing his gun, "I thought I was going to get killed."

On cross, Mr. Greg Elvine Kreiss asked Surber about a statement Rodney Ortiz had allegedly made calling "Vincent a bad son." Surber could not remember that but he said he remembered Rodney Ortiz telling Daniel Colegrove "that Vincent should have weighed the marijuana." Surber also said that Daniel Colegrove told Rodney Ortiz, "I don't know why he is shorting me. I bought brakes for his truck, why is he doing this to me?"

Another statement that Surber said Rodney Ortiz made was telling Daniel Colegrove, "let's settle this argument the convict way."

Surber also clarified the statement he said Vincent Ortiz made after Rodney Ortiz shot Daniel Colegrove, "No dad, you have to fucking kill them all now. You have to fucking kill them."