A few hours after John Freitag was killed on Aug. 25, Leikina Lavulavu told police that he fired the fatal shot.
Jurors hearing testimony in Lavulavu's murder trial listened to a tape of that confession Thursday. As the tape played, Lavulavu sat quietly at the defense table with his head down. If convicted of the first-degree felony, he could be sentenced to five years to life in prison.Freitag died from a single gunshot to the abdomen. The shot was fired through the storm door of his Orem home while he was talking to a group of seven men who came to his front door.
Prosecutors allege that Lavulavu, 18, shot Freitag after Beau Heaps, 17, convinced the group to go to Freitag's home to assault him. Of the seven, only Heaps and Lavulavu knew Freitag.
The other five pleaded guilty or no contest to misdemeanor charges in plea agreements with Utah County prosecutors. Heaps is awaiting trial next month on a charge of murder.
Prosecutors finished their case Thursday afternoon. They hope Lavulavu's confession, and testimony from four others who were at Freitag's porch that night, will prove that Lavulavu fired the fatal shot, and not Heaps as defense attorneys suggested during their opening statements.
At first, Lavulavu blamed the shooting on Heaps. However, when he realized that his story didn't match statements given by the others, he admitted to police that Heaps told him to blame him.
Lavulavu said he shot Freitag because a few members in the group told him to after he thought Freitag had a gun. Freitag was found with a crossbow in one hand.
In his statement to police, La-vu-lavu said Heaps convinced the group to go to Freitag's home to "fight him." He also told police that Freitag never pointed a gun at him - testimony that hurts the defense's self-defense argument.
Testimony that the killing was unprovoked came from Tonga Moun-ga, one of the six with La-vu-la-vu that night. Mounga said Freitag never came out his door and never threatened anyone in the group. He said the group went over there because Heaps said they were going to visit a "psycho crazy guy."
A criminalist from the state crime lab said a small amount of gunpowder residue was found on Heaps' hand and none on Lavu-la-vu's hand. However, residue was found in two of Lavulavu's pockets. He said the evidence shows that both had probably fired a gun recently or were near someone who did.
The criminalist also said the bullet that killed Freitag was consistent with one fired from the .38-caliber handgun found under La-vu-la-vu's car seat shortly after he was arrested.
Defense attorneys were expected to present their case Friday afternoon and Monday. During opening statements, they said they will try to prove that the killing was in self-defense and that Heaps fired the fatal shot, not Lavulavu.
To show that the group feared for their safety that night, the defense will present testimony that might show Freitag as aggressive and unstable. They will try to prove that Freitag lured the group to his home that night so he could shoot Heaps. The case could go to jurors Tuesday or Wednesday.