DES MOINES, Iowa -- The 8-year-old boy who allegedly watched his father kill a woman and her two children will explain what he saw via closed-circuit television.
Marvin Escobar-Orellana is charged with three counts of first-degree murder in the July shooting deaths of Rossibeth Flores-Rodriguez, Grecia Alvarado-Flores and Ever Mejia-Flores.
The state wants to depose the child but did not want the boy and his father to be in the same room. A judge agreed and ruled in the state's favor. The child's statements will be used for discovery only and not introduced as evidence.
Court documents in the case reveal the shootings happened after an argument between Escobar-Orellana and Flores-Rodriguez. Police say they were not romantically involved but lived in the same home, with Escobar-Orellana and his family occupying the main floor while Flores-Rodriguez and her children lived in the basement.
Federal immigration officials confirm Escobar-Orellana is an undocumented immigrant from Guatemala. He had been living in the U.S. under the name Marvin Oswaldo Esquivel-Lopez and had been deported from the U.S. twice before. He was convicted of illegal entry into the United States in 2010.
Escobar-Orellana's trial is scheduled for Jan. 27.