STOCKTON -- He didn't want to testify in a double murder trial, but Scott Fausett took the witness stand Friday, telling a jury that he saw the defendants with guns and tried to talk one of them out of going through with a deadly plan.
At one point, the Lodi resident called defense attorney Chuck Pacheco names as Pacheco grilled him and repeatedly asked Fausett why he didn't call police if he knew Kevin and Sabrina Dahnke were going to be murdered.
"For the fifth time, I've got kids to worry about. Maybe you don't, but I do," Fausett said.
"I didn't do anything wrong," he then said, to which Pacheco quickly replied and said that yes, Fausett had.
Fausett is one of the prosecution's key witnesses in the murder case against Joel Angel Magana and Christopher Howard Jones, both of Lodi. They have been jailed without bail since March 2003, when Kevin and Sabrina Dahnke were found shot to death on their East Morse Road living room floor.
Friday marked the fifth full day of trial, and Fausett spent much of the day on the witness stand.
In the morning, Jennai Lawson, a criminalist with the state's Department of Justice, testified that blood found on Magana's jacket matched that of Kevin Dahnke, and that the DNA could only belong to one in 10 trillion Caucasians.
"It would be a 1 with 13 zeroes behind it," she told the jury when Deputy District Attorney Kevin Mayo asked her to write out the figure.
Blood on Magana's shoes appeared to match Sabrina Dahnke's DNA profile, Lawson testified, and said those odds were one in 420 billion. There are about six to eight billion people in the whole world, she said.
Magana and Jones sat silently behind the defense table with their attorneys, though Magana's demeanor changed when Fausett walked in the courtroom and began quietly answering questions.
Magana frequently shook his head, and during a court break as he was escorted down a hallway by a bailiff, he muttered an expletive under his breath and accused Fausett of lying.
About a month before the Dahnkes were killed, Fausett testified, word had been spreading that Kevin Dahnke was going to "jack," or rob, one of Fausett's friends.
They were all "business acquaintances" because they sold and smoked marijuana, he said.
Fausett and the friend, Brandon Berreth, discussed their options, and it was then that Magana said "he could get guns," Fausett testified.
Later in the afternoon, Berreth testified that he wasn't very concerned about the threat.
But, the day after he and Fausett discussed it, Magana said he'd gotten the guns, Fausett testified.
"I told him I didn't want nothing to do with it," Fausett said, later testifying that, the day of the murders, he again said he didn't want to be involved and told Magana not to do it.
That night, curiosity got the better of him, and he tried finding Magana and Jones at Wal-Mart, where they were supposed to be working. When he failed to find them, Fausett went home, turned off his phone and went to bed.
"I kind of figured they'd done what they'd been talking about and I didn't want to be involved," Fausett said when Mayo asked why he didn't do anything else.
As for why he didn't call police, Fausett "figured it was too late," he testified.
The next afternoon, hours after the Dahnkes were found dead in their home, an upset, crying Fausett went to Lodi Police.
That was only after he'd seen Magana, smoked marijuana with him, watched a noon TV news account of the homicides and heard Magana say, "that was two down and two to go," Fausett testified, adding that he didn't know who the other two were.
Pacheco later pounced on that, wondering why, if Fausett was so scared of retaliation, he'd watch TV and smoke with Magana.
"I wanted things to look normal," Fausett said.
Court adjourned an hour early Friday afternoon, so attorneys could argue about Berreth's testimony without the jury present.
Testimony resumes Tuesday morning.