Wednesday, Aug. 20, 2008

Police charge second man in death of Silver Spring man

Suspect had fled to Texas

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A Silver Spring man was arrested Wednesday in Texas and will be charged with first-degree murder in connection with the death of a Silver Spring man who died Aug. 2 after being assaulted during a dispute July 27, according to a news release from Montgomery County Police.

Jose Lider Zavala, 29, of the 12500 block of Winexburg Manor Drive in Silver Spring, was the second man arrested in connection with the death of Fausto B. Orellana, 43, of the 4400 block of Gridley Road in Silver Spring.

During the investigation it was learned that Zavala had fled to Texas after police issued a warrant for his arrest, according to the release. Zavala was located in Harris County, Texas, and taken into custody by the United States Marshals' Task Force, the release said.

"We put out a national alert on the individual so his picture was distributed throughout the country," said Lucille Baur, a police spokeswoman. "Originally, we were not sure where he might have fled but information developed that he may have gone to Texas.

"County detectives reached out and U.S. Marshals located him."

He is awaiting extradition to Montgomery County where he will be charged.

Police arrested Jose Fidel Hernandez, 35, of the 4400 block of Gridley Road in Silver Spring on Aug. 6 and charged him with accessory after the statute, for allegedly being involved in the assault that led to the death of Orellana but not physically committing it.

Hernandez is being held at the Montgomery County Detention Center on $250,000 bond. A preliminary hearing is scheduled for Sept. 5 at the Montgomery County District Court in Rockville.

Orellana was found in his driveway July 27 by First District police and personnel from Montgomery County Fire and Rescue Service, who were responding to a report of an assault, according to county police. At the time, Orellana was suffering from a head wound but police believed he would survive, police said.

According to Hernandez's charging documents from Montgomery County District Court, Orellana had been involved in a verbal dispute with Hernandez, who has the same address as Orellana, and Zavala, who is Hernandez's brother. The documents said the dispute began over a debt Orellana allegedly owed to Zavala. Orellana allegedly pushed Zavala and then began walking toward his home.

At that time, Zavala allegedly retrieved a metal pipe from Hernandez's car and hit Orellana with it, Baur said. Zavala then fled in the car.

In an interview conducted by police after the assault but before Orellana died of his injuries, Hernandez told police that Zavala struck Orellana in self-defense, Hernandez's charging documents said.

Orellana died of the injuries at Suburban Hospital in Bethesda. An autopsy performed by the Medical Examiner's Office in Baltimore ruled the manner of death to be homicide and the cause of death to be blunt force trauma, the release said.