×
×
homepage logo

Shooting victim was meant to be scared, friend testifies

By Amie Rose - The Daily Herald - | Apr 13, 2004

One of the victims of a double homicide in Orem last year wanted someone to scare her boyfriend out of selling drugs, the victim’s friend testified Monday in a preliminary hearing.

During the first day of a two-day preliminary hearing, Lupe Moreno said her friend, Maritza Aguilar, was worried about Pablo Montoya selling drugs and wanted him to stop. Aguilar mentioned that her acquaintance — Seth Rollins Broomhead, the man accused of the killings — might be somebody she could ask to scare Montoya.

Aguilar, 22, and Montoya, 20, both of Provo, were shot to death in their car in June 2003 at an Orem nursery, in what police have called a drug deal gone wrong. Broomhead, 20, of Riverton was charged with their murders in October after being arrested on an unrelated federal charge in July. He faces two counts of aggravated murder — capital offenses — and theft by receiving stolen property, a second-degree felony.

The preliminary hearing, to determine if Broomhead should be bound over on the charges, will continue at 8:30 a.m. Wednesday.

Moreno said Broomhead and his friend, Jeremy Gerton, stopped by the American Fork restaurant where she worked on the evening of June 13 before going to meet Aguilar and Montoya. Moreno and Aguilar had met Gerton and Broomhead at a Salt Lake City dance club a month or two earlier and had talked with them on the phone and seen them several times since their first meeting. She didn’t know why they were meeting Aguilar and Montoya that day.

Gerton, who has a limited immunity deal with prosecutors in the case, testified that after leaving the restaurant Broomhead called Aguilar to set up a drug deal. Broomhead first said he was interested in buying a kilogram of cocaine, said Gerton, who added that Aguilar said Montoya only had 9 or 10 ounces, which would cost $4,000.

Gerton’s attorney, Joseph Jardine, said Gerton’s immunity deal with Utah County prosecutors means he won’t be charged in the killings. But the deal is limited, so he has to be careful about what he says. Gerton is incarcerated at the Weber County Jail on federal charges that he robbed a convenience store — the same crime in which Broomhead is charged.

Gerton said they arranged to meet Aguilar and Montoya in a remote area of Cook’s Farm and Greenhouse, 1645 W. 1600 North in Orem. Gerton said the two victims backed their Honda Accord into the farm first, and Broomhead followed in his Jeep Cherokee, with Gerton. Gerton said he knew Broomhead had a gun and didn’t have $4,000 — but said he didn’t know Broomhead would kill anyone.

Broomhead got out of his car, Gerton said, and got into the backseat of the Honda. Gerton got out of the car to stretch his legs, and said Aguilar smiled and waved at him.

Gerton said he turned away from the others and then heard a pop. He turned back and saw Broomhead with a gun to Montoya’s right temple, he said, and Montoya’s eyes were closed. He then said he saw Broomhead point the gun at the back of Aguilar’s head and heard two more pops.

Gerton testified Broomhead then drove his car around the farm, pulled behind the Honda and took the cocaine and Montoya’s wallet and keys. Broomhead searched the car and used a T-shirt to wipe his fingerprints off the car, Gerton said.

Montoya and Aguilar were found by farm employees at about 7:30 a.m. the next day.

Broomhead and Gerton then drove to Salt Lake City, Gerton said, and during the drive Gerton asked Broomhead to put the gun in a duffle bag because he was scared of becoming the third victim. They stopped at a car wash next to a state Liquor Store, and Broomhead took $200 to $300 out of Montoya’s wallet and threw it and Montoya’s keys into a trash can, Gerton testified.

Gerton didn’t tell anyone about the incident until he spoke to his attorney about it, after he was arrested on the federal charge. He then spoke to investigators in a meeting Oct. 1.

Amie Rose can be reached at 344-2530 or arose@heraldextra.com.

This story appeared in The Daily Herald on page D1.

Starting at $4.32/week.

Subscribe Today