POCATELLO — The trial of two brothers accused of killing a 30-year-old Pocatello man during a physical altercation last June started this week in the Bannock County Courthouse.

Gabriel Moreno, 26, has been charged with second-degree murder and his brother, Anthony Moreno, 24 has been charged with principal to second-degree murder.

The Moreno brothers, both of Pocatello, are accused of killing Nathan Tad Richardson during a fight in an alleyway between the 500 blocks of East Center and East Clark streets on June 24, 2017, after a night of drinking at the Center Street Clubhouse.

In his opening statement on Tuesday, Bannock County Prosecutor Steve Herzog said Richardson was no angel, adding that autopsy results indicated Richardson’s blood alcohol content was twice the legal limit and that Richardson had used cocaine the night he died. However, that didn’t mean that Richardson deserved to die, Herzog added.

Justin Oleson, the Blackfoot attorney representing the Morenos, opened by saying his clients are not guilty of the charges against them because they acted in self-defense. Oleson raised this argument prior to trial and asked the presiding judge in the case, Robert C. Naftz, to dismiss the charges based on video evidence that Oleson said shows Richardson approaching the pickup truck the Moreno brothers were planning to use to leave the bar the night of the incident.

Naftz denied the motion.

Several character witnesses testified on Tuesday to provide an account of the state of mind Richardson was in leading up to the altercation.

One witness, Patrick McCusker, said he met Richardson at the bar that night and that Richardson became more aggressive later in the evening. McCusker also testified that an unidentified man told McCusker that he knew Richardson through a mutual place of employment and that Richardson was a “good guy.” The unidentified man then went on to say that Richardson “was a little bit violent, though.”

The prosecution objected to McCusker’s portion of testimony surrounding the unidentified man on grounds of hearsay, but Naftz overruled the objection.

But on Wednesday, Naftz started proceedings outside the presence of the jury to discuss the portion of McCusker’s testimony regarding the unidentified man. Despite arguments from Oleson, Naftz instructed the jury to strike that portion of McCusker’s testimony from the record and to not consider that information when making their deliberations.

The first witness to testify on Wednesday was Jason Miller, who said he was an acquaintance of Richardson. Miller said he met Richardson as a customer of the electronic cigarette and vaping store that Richardson previously worked for.

Miller described Richardson’s behavior the night of his death as the typical “happy-go-lucky Nate that he normally is.” Miller said Richardson was the first person he saw when he arrived at the bar around 10 or 10:30 p.m., adding that he spent most of evening with Richardson.

After the bar closed, Miller said he spent about 15 or 20 minutes with Richardson in the parking lot of the bar adjacent to the alley where police later discovered Richardson bloodied and unconscious.

The first police officer to testify on Wednesday was Sean Peterson, who has worked with the Pocatello Police Department for nearly seven years.

Peterson said that he and two other police officers, Tyler Anderson and Dane Eborn, were working foot patrol near the Center Street Clubhouse when he heard someone shout an obscenity followed by what sounded like a vehicle door slamming.

The three officers were on Center Street when they heard the noises and began working their way in the direction of the sounds, heading north down the alley between Fourth and Fifth Avenues.

Peterson testified that he saw an unconscious male lying in a gravel parking lot next to the paved parking lot of the clubhouse. Peterson observed a silver pickup truck reverse out of the same gravel parking lot and head toward Fifth Avenue. Gabriel was near the truck and Anthony was in the alley between Richardson and the truck, Peterson added.

Upon approaching Gabriel, Peterson said Gabriel told him that “(Richardson) just started hitting me,” as Gabriel was looking in the direction of Richardson’s unconscious body.

Eborn testified that he was the first person to initiate CPR on Richardson at the scene before paramedics arrived. During his testimony, Eborn said that he visibly checked Richardson’s airways and put his head close to Richardson’s mouth to check if he was still breathing before starting chest compressions.

Eborn said he started CPR because Richardson began losing color in his face. Further, Eborn said that Richardson’s wounds included blood around the mouth and under his nose and a red mark on the back of his head.

The defense argued that Eborn did not implement proper CPR procedures and that Eborn should have checked to see if Richardson’s tongue was blocking his airway. Further, Oleson at one point said Eborn is one who tends to exaggerate. Eborn denied the claim.

The last officer to testify on Wednesday was Shaun Wright, who has worked for the Pocatello Police Department for 11 years. During his testimony, Wright confirmed that close-up pictures of Gabriel’s face were never taken after the incident despite Gabriel stating he had been in a physical altercation.

When asked by the defense counsel if close-up pictures should have been taken, Wright said yes.

Wednesday’s hearing concluded with Naftz taking under advisement a motion to exclude certain statements made by both brothers that were captured on video the night of the incident. Oleson argued that the statements should be inadmissible because the brothers are being tried together and the statements made by Anthony have the potential to incriminate Gabriel, and vice versa, which would violate their rights.

State prosecutors are expected to wrap up their case by the end of the week and the defense should start their case on Tuesday of next week, according to Deputy Prosecutor Ashley Graham. The trial is expected to last at least through the end of next week.

If convicted of the charges against them, both Moreno brothers will each face 10 years to life in prison.