Lawyer disputes looks of shooter

Joshua Blount doesn’t match the physical description of the shooter and was nowhere near the crime scene when 23-year-old Costa Mesa resident Israel Maciel was killed in a drive-by shooting nearly two years ago, defense attorney Barry Bernstein told jurors in the trial’s opening statement Tuesday.

Blount, 24, from Compton, is accused of driving up to a group of men in an alley in the 1300 block of West Baker Street and opening fire. Maciel was fatally shot in the upper back.

Authorities arrested Blount more than a month after the shooting, with some of the victims independently pointing out Blount in a photo lineup, prosecutors said.

Bernstein said witness descriptions after the shooting described a much larger gunman with more pronounced facial hair. Blount is listed at almost 6 feet tall and 180 pounds, according to the Sheriffs Department. Blount had a shaved head and very thin mustache and goatee at the time of his arrest.

Prosecutor Matt Murphy laid out his case to the jury that Blount was undoubtedly Maciel’s killer.

On Aug. 2, 2006, at about 5 p.m. a woman in a silver Chevy Impala approached a group of men in the Baker Street alleyway, Murphy told jurors. Witnesses testified later Tuesday that the woman was looking for “Josh.” One of the men in the alley spat on her car during the encounter, Murphy said.

The Impala returned later with Blount behind the wheel, Murphy said. He confronted the group of men, then drove off. Bernstein said this is when the driver accused the men in the alley of trying to break into his home.

Less than half an hour later, Blount returned with more men and brought firearms, Murphy said. The driver stopped in front of Maciel and his four friends and shot all of them, authorities said.

Police soon learned this was not a gang-related shooting. Maciel worked at Jack’s Surfboards warehouse in Huntington Beach and loved vintage cars.

His family encouraged him to be a mechanic.

Authorities said Blount was a known gang member. Bernstein said there was no motive for him to open fire on the men and that he had no ties to the area.

Several other people are charged in relation to the case. They include: Anthony Dispensa, who is charged with murder, and David Ortega, who is wanted as an accessory to murder.

The trial continues this morning in Santa Ana court and is expected to last well into June, attorneys said.

JOSEPH SERNA may be reached at (714) 966-4619 or at joseph.serna@latimes.com.