Gunman tells jurors he fatally shot two men defending son, himself

Marcos Vigil told jurors Monday that he feared for the safety of himself and his teenage son when he fatally shot two men who approached them in the parking lot of a Northeast Heights convenience store.

Vigil, 49, is charged with two counts of first-degree murder in the April 12, 2022, killing of Kenneth Sweetwater, 42, and Dominic Sanchez, 32, in the parking lot of the DK store and gas station at Copper and Tramway NE.

Jurors viewed security video from the store that showed Vigil exchanging words with one of the men as he entered the store. Later, as Vigil and his son walked away, Sweetwater and Sanchez followed them, the video showed.

Vigil then pulled a gun and shot Sweetwater and Sanchez, striking both men in the back, prosecutors said.

Prosecutors allege Vigil had no reason to fire after the two men wheeled around and ran away.

“He shot two people in the back when he didn’t have to,” Assistant District Attorney Jordan Machin said in closing arguments. The video shows that Vigil took a step toward the men before firing, she said.

“He advanced toward Kenneth Sweetwater and Dominic Sanchez,” Machin told jurors. “He steps forward as they are running away.”

Vigil’s attorneys are expected to make closing arguments Tuesday as the trial continues in 2nd Judicial District Court before District Judge Lucy Solimon.

Vigil also is charged with one count of aggravated assault for allegedly pointing a gun at Sweetwater’s son in the same incident.

Vigil told jurors Monday that the fatal encounter began after he and his son walked a short distance from their home to the DK to buy a pack of cigarettes. Vigil said he encountered a group of people standing near the entrance of the store, where he exchanged words with one of the men.

Witnesses testified last week that the men frequently stood outside the store, asking customers for money or trying to sell items.

Vigil testified that the man “asked me a weird question.” Vigil said he responded by telling the man to leave him alone.

The video showed that Vigil’s son waited outside while Vigil entered the store and exited moments later.

The video showed that as Vigil and his son walked away from the store, one of the men made a comment that caused Vigil’s son to stop and turn around. Vigil said he urged his son to walk away from the men.

“I tell my son, ‘Let’s go,’” he testified.

Moments later, Sweetwater and Sanchez began walking across the parking lot toward Vigil and his son, the video showed. As the men approached, Vigil turned and fired multiple gunshots at the men, who first tried to run, then fell to the ground.

Vigil wept on the stand as he described how he turned to see the two men approaching and fired his gun to protect himself and his son.

“They were going to kill my son. I didn’t know what else to do.”