LEXINGTON — Pre-trial motions have been made in the case of a Lexington man charged with first degree murder in a July 2021 drive-by shooting.
Francisco Hernandez-Corona, 19, is charged with first degree murder, a Class 1A felony with use of a firearm to commit a felony, a Class 1C felony.
Dawson County Attorney Elizabeth Waterman is prosecuting the case.
Dawson County District Court Judge Jim Doyle heard several pre-trial motions during a hearing on Monday, Aug. 22, presented by Hernandez-Corona attorney, Brian Davis.
One of the motions endorsing witnesses was ruled on while the others were taken under advisement for decision at a later date. A second hearing was set for Thursday, Aug. 25 for further discussions.
Dates for a jury trial were moved to Sept. 12 through Sept. 16, to start at 9 a.m. each morning.
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Hernandez-Corona remains lodged in the Dawson County Jail.
About 2 a.m. July 6, Lexington police officers, Dawson County Sheriff’s deputies and Nebraska State Patrol troopers responded to an anonymous report of possible gun shots in the 800 block of West Ninth Street in Lexington, but did not find anything at that time, according to the Lexington Police Department.
Two blocks away, officers later located a Ford Explorer; Adalberto Saenz-Gonzalez, 19, and Hernandez-Corona were inside. According to court documents, both were allegedly intoxicated and in possession of alcohol. They were arrested on suspicion of being minors in possession. Both had iPhones that were taken later as evidence.
About 3:10 a.m., Medical Rescue was dispatched to 800 W. 9th St. for an unresponsive male lying on the ground with a single gunshot wound to the back of the head. Marcus Keyser, 23, was pronounced dead at that time.
Keyser’s iPhone was collected as evidence, according to court documents.
Officers found several bullet holes at the residence Keyser was found in front of, as well as the neighbor’s home. Two more bullet holes were found in a vehicle parked along West 9th, according to court records. No brass ammunition casings were located at the scene.
Police say security camera footage from Casey’s showed Saenz-Gonzalez and Hernandez-Corona entering the North Adams Casey’s General Store at 1:31 a.m.; Keyser entered the store at 1:33 a.m.
After an encounter with Hernandez-Corona, Keyser began to walk back to West 9th Street.
Lexington officers gave the men’s iPhones to Investigator Dan Warrington with the Kearney Police Department, who has technology to perform forensic downloads of cellphone data.
Keyser’s cellphone had a health application that recorded his steps and distance traveled, as well as a time and date stamp associated with the information.
According to that data, after leaving Casey’s, Keyser walked around 1,000 feet to West 9th Street, arriving at 1:44 a.m. After this, there was no health or phone activity.
Based on this information and the report of the gunshot at 1:47 a.m., it is believed Keyser was killed around this time.
When interviewed at the Dawson County Jail, Saenz-Gonzalez and Hernandez-Corona agreed to speak, saying they were together for several hours before they were arrested but denied any involvement in the shooting.
Location data from Saenz-Gonzalez’s iPhone showed the phone at Casey’s at 1:31 a.m., consistent with security video at Casey’s. Around 1:36 a.m., the data places the phone traveling on the Adams Street overpass, then near Hernandez-Corona’s residence on West Maple Street.
At 1:46 a.m., the data indicated the Saenz-Gonzalez’s phone was at 9th and Ontario Street, where Keyser’s body was found.
After Saenz-Gonzalez and Hernandez-Corona were arrested for minors in possession, they were booked into the Dawson County Jail. Both posted $100 bail later on July 6 and were released. They were arrested again July 26.
