The judge heard the prosecution's case that the incident happened on August 1, 2010 on the corner of Woodpecker Street and Jimmy Dyer Street. The victim, 32 year old Rafael Caceres, was walking on Woodpecker Street, heading for home when Mayen rode up behind him on a bicycle and fired several shots. Caceres was shot in his back just as he jumped over a drain while trying to get away. That injury has left him crippled in one leg. Caceres positively identified Mayen as the person who shot him.

In his defence, Mayen testified and said that he was at his mother's house watching television when the shooting occurred. He called his mother as a witness but she could not say whether he had left the house.