MOSES LAKE — The bench trial for two Royal City brothers who allegedly fired shots at a group of people in a car after a fight in Moses Lake is now underway.

Jesus Torres, 22, of Royal City, and Jonathan Torres, 20, also of Royal City, are charged in Grant County Superior Court with first-degree assault and drive-by shooting. The brothers opted to not have a jury trial and their cases are being heard jointly by Judge John Antosz in a bench trial.

The charges stem from an incident on July 28, 2017 in Moses Lake. During the evening hours of that day two females and one male entered Apex Cannabis on West Broadway Avenue to purchase marijuana. In video surveillance taken inside the store the group of three can be seen at one end of Apex when Jesus entered the business.

Details on the events that occurred inside Apex vary slightly from witness-to-witness, but it appears that the male who was with the two women was a member of a gang that is a rival to the gang Jesus was in at the time. On Thursday a Apex employee testified the demeanor of the two women changed when Jesus entered the business. Both of the women testified to either knowing or at least being able to recognize the Torres brothers.

The two women testified the man they were with, who was the boyfriend of Yaritza Alcala, the shooting victim, said something to Jesus in the store that related to gang territory. That assertion was countered by later testimony from the Apex employee, who said he doesn’t remember hearing any words spoken between the two men. Alcala also claimed Jesus was not provoked into fighting.

In the video Jesus can be seen approaching the other male, who ended up throwing a punch and the two were involved in short brawl inside the store. Jesus appears to have gotten the worst end of the fight and Apex employees immediately broke the two men up and the group of three and Jesus were tossed from the business.

After they were tossed, according to one of the two women, Alcala's boyfriend was still heated and egging Jesus on. When she was first interviewed by police after the incident Alcala said Jesus got into the passenger seat of either a Hyundai or a Honda in the Apex parking lot after the fight. On Thursday, Alcala testified she remembered Jesus getting into a Lexus, which is alleged to have been driven by Jonathan, although neither of the women testified to seeing Jonathan driving the car.

Jonathan and Jesus allegedly started following the group of three after they left the Apex parking lot. Prosecutors believe Jesus fired several shots into the victim vehicle at the Holly Street/West Fourth Avenue intersection, one of which struck Alcala in the back of the head as she was driving.

“I was still driving the car and I just started getting dizzy and that’s when I kinda swerved to the side and pulled over,” Alcala stated on Thursday.

The bullet penetrated her skin, but it didn't lodge into her skull and was removed at the hospital. Police were able to track the Torres brothers to a residence in Royal City and they were later taken into custody.

Jesus has nine previous felony convictions, including six for first-degree assault, one for second-degree assault, one for first-degree burglary and one for unlawful possession of a firearm. Jonathan has two prior felony convictions, including one for second-degree assault and one for first-degree burglary, according to court documents.

Richard Byrd can be reached via email at city@columbiabasinherald.com.