One minute, Robert Carter was washing one of his regular customer's windshields.
The next, he was diving for the ground to avoid a barrage of bullets.
When it was over, Carter's customer, Victor M. Rivera, 28, was dead.
The man who fired the gun was Anthony Gabriel Pesqueira, Carter testified Friday. "Without a doubt," he said.
Carter was in court Friday for Pesqueira's preliminary hearing before Pima County Justice of the Peace Paul Simon.
Deputy Pima County Attorney Michael Kelly had to convince Simon he has enough evidence to try Pesqueira on a first-degree-murder charge.
After listening to Carter and Tucson police detective David Miller, Simon agreed there is enough probable cause to try Pesqueira.
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Although most defendants wind up in Pima County Superior Court after a grand jury indicts them during secret proceedings, Kelly opted to hold a preliminary hearing in open court so Carter's testimony could be taken down by a court reporter in the event he is unavailable for trial.
Carter, 46, testified that he is currently homeless and he washes windshields for a living.
On May 15, Carter said, he was at a convenience store at East 22nd Street and South Park Avenue when Rivera pulled up to buy gas.
Rivera had just finished talking to another customer in a gold pickup truck when he was shot, Carter said.
Pesqueira was tied to the shooting thanks to Carter's help and a surveillance camera that taped portions of the shooting, Miller testified.
The driver of the gold pickup truck, Angel Martinez, was also called to testify Friday, but left the stand after the attorneys decided he should be represented by an attorney before any questioning. Martinez was on the stand long enough to testify he is Pesqueira's cousin.
Miller later testified that Martinez's number was found in both Pesqueira's cell phone and the victim's. The detective also said Martinez denied seeing the shooting despite the surveillance tape showing he was right behind Pesqueira's car.
During cross-examination from defense attorney Brick Storts, Carter and Miller acknowledged that not only did Carter pick Pesqueira out as the shooter during a photo lineup, he also picked out a completely different man as the shooter during a separate lineup.
At the time of Pesqueira's arrest, police said they were investigating the possibility that the shooting was gang-related.
After Friday's hearing, Kelly said he is prohibited from discussing pending cases so he could not address a motive.
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