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Day 2: Bakersfield man on trial for wife's death

The couple's adult son testified
Posted at 6:22 PM, Nov 28, 2017
and last updated 2017-11-28 21:22:10-05

Tuesday was the second day in court for the Bakersfield man facing first degree murder for killing his wife. 

Documents show Gonzalo Garibay told police officers he killed his wife Rosa Garibay during an argument at their home in 2016. Garibay told police he confronted his wife about seeing another man. And that argument ended with Gonzalo saying he strangled her and pushed her into the bathtub where she stopped breathing.

Tuesday their son, Jason Garibay, testified in court. Jason was 21-years-old when his mother died.
He said he was home during both violent fights between his parents.

Jason testified his parents had their first fight in May of 2015. During that fight, his parents came into his room. His mom had a black eye and a bloody lip from a struggle between the parents. Bakersfield police officer, Daniel McWilliams, testified Tuesday saying Rosa Garibay got the black eye and bloody lip while struggling to lock Gonzalo Garibay out of their master bathroom. And when he overpowered her and pushed the door open, the door caused the injuries.

Jason said his mom tried calling 9-1-1 after he got hurt, but Gonzalo took the phone away from her.

Jason said eventually Rosa was able to file a police report against her husband Gonzalo and Gonzalo was arrested after that fight. Charges against Gonzalo were later dropped.

After that fight, Jason said his parents slept in separate rooms, his mom, Rosa, would constantly yell that she didn't love his dad, Gonzalo, anymore and she wished he was dead.

During the second fight, a year later in July of 2016, Jason said, he was home when his parents started talking in the garage.  He then took his siblings to Jack-in-the-Box while his parents argued inside the house. When he returned Jason said he didn’t see his mom again.

Law enforcement officers later found Rosa's body days later in Ojai.

Jason recalled Gonzalo was calm when he tried talking to Rosa in the year between the two fights. And the only physically injures he saw on his mom, Rosa, were the black eye and bloody lip from the first fight. 

Court is scheduled to continue tomorrow morning at 9:15 at the Superior Court of Kern County.

RELATED: Court documents reveal new details in Rosa Garibay's death

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