After a two-day preliminary hearing, a judge has ordered a man to stand trial for murder in the 2023 death of a man who was beaten and shoved onto sharp rocks at North Cove in Mission Bay while he was fishing.
Eric Stephen Nelson, 51, was able to drive himself to a hospital when he was injured on Aug. 24, 2023, around 5 p.m. at 1404 Vacation Road. He had internal injuries to his ribs and a broken jaw. He passed away 25 days later due to blunt force injury, according to the medical examiner.
Lee Eduardo Orozco, 36, a suspect early on, was ordered held to answer for murder by San Diego Superior Court Judge Joan Weber. A trial date will be set on May 8.
San Diego Police officers showed Nelson a photographic line-up of six suspects while Nelson was hospitalized, and he identified Orozco as his attacker, according to testimony.
Detective Kristina Dortenzio said Nelson was able to identify the suspect’s SUV, which had a broken back window. She said Nelson told her the suspect told him “we’ll have to finish” something the two had quarreled about earlier.
“He (was) punched and fell onto the rocks,” said Dortenzio.
Nelson called 911 after the incident, but decided to drive himself to the hospital because he learned an ambulance to transport him from North Cove would take too long, said Dortenzio.
Deputy District Attorney Shane Waller said Nelson died from “an extremely violent sucker punch right onto the rocks,” adding that Orozco “acted without conscious regard for life,” which is an element of second-degree murder.
Weber noted the “jutting rocks” where Nelson was fishing “were seemingly more dangerous” than concrete. “That can be dangerous to human life,” said the judge.
Orozco’s attorney, Ryan Cannon, asked Weber not to order him to stand trial for murder. He said “There is no way for the assailant to know” that the victim could have died in these circumstances.
Cannon was critical of a witness, Elenise Hallens, who was at North Cove when the incident occurred. Hallens said a fisherman was punched in the face or fell. She claimed she tried to get help for him.
Cannon said Hallens is blind in one eye and could not see much of the incident. Hallens said the fisherman left the area with a bloodied mouth.
Weber told the defense attorney there were some problems in the case, but she felt there was enough evidence shown for Orozco to stand trial including the victim’s identification before he died.
“Repeated punches… are dangerous to human life,” said Weber.
Orozco has pleaded not guilty. He remains in the central jail without bail.