A Herriman man handed a gun to his friend, who then skipped and danced as he opened fire on guests, killing two people outside a party being hosted at an Airbnb rental home in Draper.
That's the scenario presented in new charging documents filed Friday. Investigators say the killings were the result of an argument that began over thrown bottles.
Ashtyn Ernesto Ortega, 18, of Herriman, and Daniel Martinez, 17, of Lehi, who goes by the moniker "Felon," were each charged in 3rd District Court on Friday with two counts of murder, a first-degree felony. In addition, Ortega was charged with three counts of possession of a firearm by a restricted person and drug possession with intent to distribute, third-degree felonies.
Both are accused of killing Austin Terry Powell, 27, and Jonathan July Fuentes, 21, on April 3. A party was ending just after 1 a.m. in an Airbnb rental home at 11464 Cranberry Hill (280 East) when shots were fired outside of the house in the street.
"The party ended when the homeowner arrived and kicked everyone out," charging documents state.
In the street, Ortega and Martinez — neither of whom had been invited to the party — got into an argument with Powell, according to charging documents. Some witnesses told police the argument may have started because of bottles being thrown.
"Martinez was throwing beer bottles in the street and asked Ortega for his gun. Ortega pulled his gun from his waistband and handed it to Martinez. Martinez then danced or skipped down the street while shooting at the Tesla driver. The Tesla driver, along with a second person who was walking behind the Tesla, were shot and died as a result of the shooting," the charges state.
"Martinez's attitude of indifference and even amusement while pulling the trigger demonstrates his danger to the community. He had an immediate lethal response to a verbal altercation."
Doorbell camera video obtained by police recorded "10 loud bangs" believed to be gunshots. Powell was found deceased near his Tesla which had "bullet holes in the windshield and other parts of the vehicle," the charges say.
Another person recorded the incident on his cellphone.
"In the video, the shooter skipped or jumped around as he fired off rounds toward the direction where the Tesla was parked," according to the charging documents.
Fuentes, who police say was a bystander and was not involved in the argument, was taken to a local hospital with a gunshot wound to the head and died later that day.
Using "video evidence, other witness statements, social media messages and text message content," police were able to identify Ortega and Martinez as the suspects.
Two arrest warrants were served simultaneously on April 7 by Draper police in cooperation with the U.S. Marshals Service at the suspects' homes in Herriman where Ortega was arrested, and in Lehi where police arrested Martinez.
"Evidence seized from Ortega's residence included a tan Glock magazine, marijuana edibles, raw marijuana, an AR-15 pistol, a sig sauer P365, paraphernalia, and .223 and 9mm ammunition," the charges state.
Prosecutors, noting the "callousness of these acts" and "the complete disregard for the sanctity of human life," have requested both men be incarcerated without bail pending trial.