SALEM— On the fifth day of the murder trial of Lynn man Marcus Carlisle and Everett man Tyrell Berberena, the alleged driver of the white truck used in the drive-by shooting at 134 Fayette St. during the night of July 4, 2020 took the stand.
Elijah Fontes-Wilson testified in front of the 15 jurors Wednesday at Salem Superior Court and recalled the events leading up to, during, and after the shooting that killed Lynn man Noe Hernandez and wounded four others.
Fontes-Wilson, who said during his testimony that he was a member of the Tiny Rascals Gang at the time of the shooting, revealed that he was concerned with his safety when Susan Dolhun asked him what his thoughts were about his testimony.
“It’s going to put a target on my back, but it is what it is,” said Fontes-Wilson.
Justice Salim Tabit notified the jury that a witness expressing fear or concern about their testimony will have “no bearing on Mr. Carlisle’s or Mr. Berberena’s guilt or innocence charges.”
Fontes-Wilson recounted his alleged involvement in the Tiny Rascal Gang. Around Halloween 2019, he got out of jail. Roughly six months later, he met a man nicknamed “Rell.” He said that the man’s real name was Tyrell and that he was affiliated with the Tiny Rascal Gang. On day one of the trial, the prosecution had alleged that Berberena and Carlisle are members of the gang.
When asked what his relationship was with Berberena, Fontes-Wilson said that he considered him a friend and had him over his house once before July 4, 2020. He also stated that he knew a man nicknamed “J.C”. Josue Cespedes was also alleged to be a member of the gang in the truck at the time of the shooting. Fontes-Wilson said he also knew Carlisle, and had known him the longest out of the three. Fontes-Wilson said that he would frequently have contact with all three of them via cellphone.
On June 13, 2020, Fontes-Wilson said he was shot outside of a house on Hardwood Street in Lynn while he was attending a cookout. He did not see who shot him, however he said that he received information that “wasn’t reliable” from members of his gang that it was someone from a rival gang.
“The information that I heard, it was context,” he said. “I heard the Trinitarios shot me, then I heard the Crips shot me.”
Fontes-Wilson later claimed that the shooting on July 4, 2020 at Fayette Street was in retaliation for him and other Tiny Rascal Gang members getting shot on June 13.
Dolhun continued her examination by asking him about rental cars that he had previously paid for.
“Have you ever rented a car before?” asked Dolhun.
“Yes,” he replied.
“Who did you rent them for, yourself or other people?” she continued.
“For other people, and for myself one time,” Fontes-Wilson replied.
“Who were the people that you rented cars for?” Dolhun asked.
“Marcus (Carlisle),” Fontes-Wilson answered.
He said Carlisle needed a car to get around and had asked him to help him rent one, as Fontes-Wilson had a license and Carlisle did not. On June 30, 2020, a receipt showed that Fontes-Wilson rented a white Ford Ranger from a rental agency, and he testified Carlisle went with hem. That same truck was the vehicle that Fontes-Wilson allegedly used to drive Carlisle, Berberena, and Cespedes to the scene of the shooting.
Dolhun also provided video evidence from a surveillance camera at a Sonic drive-thru that showed Fontes-Wilson driving the truck with his girlfriend in the passenger seat. More photographic evidence was produced that showed Fontes-Wilson, Carlisle, and Cespedes in the truck.
Towards the end of his testimony, he recalled the series of events leading up to the shooting. He remembered being at a baby shower for his girlfriend’s sister, that he drove to in his mother’s car. In an interview with the Lynn Police Department on July 7, 2020, he told police that he had been in contact with Cespedes during the baby shower, and that Cespedes told Fontes-Wilson to come to a cookout that evening. Fontes-Wilson told Cespedes to pick him up, and Cespedes showed up in the white truck.
“I told him to meet up with me and then we’ll go together,” he said.
Realizing that Cespedes did not have a license, Fontes-Wilson said he switched into the driver’s seat after they stopped down the road to avoid getting into trouble.
When they arrived, he and Cespedes met up with Carlisle and Berberena. He noted that Carlisle, Berberena, and Cespedes were all wearing masks rolled up on the top of their heads. Fontes-Wilson was shown a mask with the letters “TRG” on it by Dolhun during the testimony. He said that the mask matched exactly with the one that he received at the party, which he later put on moments before the shooting. He said that after 10 to 15 minutes at the cookout, Carlisle told him that they were going for a “smoke ride,” a drive that involved smoking a blunt, and asked Fontes-Wilson to get in the driver’s seat.
When asked by Dolhun if he believed it was going to be a blunt ride, he said he knew they were going to check an opposing gang.
Carlisle allegedly directed him to Fayette Street, where he believed that the people who shot Fontes-Wilson were having a cookout. After driving past Fayette St., he said he looped back around a second time, which is when he stopped the truck at a stop sign directly before 134 Fayette St.
“I was then advised to put on my mask,” he said.
He said that Carlisle, Berberena, and Cespedes all proceeded to pull their masks down as well. Moments later, Fontes-Wilson said he pulled the truck up to the house, then stopped as Carlisle and Berberena pulled guns from the floor, hung out of the windows, and began shooting.
He testified that as soon as the shooting began, he realized what he had gotten himself into.
“I didn’t want to do it, but it’s kind of like ‘Oh, they shot me, this is the gang, I gotta do it,'” Fontes-Wilson said. “I felt loyalty to the gang. Then also, if I didn’t do it, it’s going to cause problems for me with the gang.”
Court was adjourned after Fontes-Wilson’s testimony. Due to a winter weather advisory, Salem District Court will have a delayed opening Wednesday with the trial continuing at 11 a.m. as of press time.
