The preliminary hearing for a man accused of shooting a Calistoga man began Friday with the emotional testimony of the suspect’s ex-girlfriend, who witnessed the murder.

Rodolfo “Rudy” Uribe is charged with murder, domestic violence, forcible rape, being a felon in possession of a firearm, unlawfully possessing a firearm and possession of an assault weapon.

Deputy District Attorney Michelle Rollins indicated during the hearing that she would withdraw the rape charge after Friday’s testimony, in which the woman said she didn’t say ‘no’ to Uribe’s sexual advances following the killing and he wasn’t aggressive.

The charges stem from a series of events on June 28 and 29, during which police say Uribe shot and killed Luis Octavio Carrillo, who was dating Uribe’s ex-girlfriend. The woman is not being identified by the Register because she is suspected of being a rape victim.

Friday’s hearing before Napa County Superior Court Judge Francisca Tisher will determine if there is cause to continue to trial.

Uribe sat next to his attorney, Jim McEntee, in a blue sweatshirt and sweatpants. He  stared straight in front of him sometimes; other times looked down while his ex-girlfriend gave a detailed, tear-filled account of the events through attorneys’ questioning.

The woman is the mother of Uribe’s two children, ages 8 and 6, she told Rollins. The two had been together since August of 2000, but had a number of “domestic violence issues” after the first few years.

She testified that before the relationship ended, he told her that he would kill anyone else who he saw with her.

The relationship ended in February of this year, and she subsequently served a restraining order against him, she said.

The split was hard on Uribe, she said.

“He would just say that he wanted his family together, and without me and his kids, he felt just lost,” she said.

She began dating Carrillo, who lived in Calistoga, in March.

On June 28, the woman and Uribe went to a mall in Fairfield together to shop for their children. She dropped Uribe and the kids off at his parents house, and returned home.

After receiving text messages from Carillo, she drove to his home in Calistoga, she said.

She spent several hours at his house. At about 1:30 a.m., the two walked to her car, which she had parked on another street.

She got into the driver’s seat, and he sat in the passenger side. That’s when she spotted Uribe running toward them, holding a rifle in this hand. The witness said she began to scream “No, Rudy!”

Uribe stopped at the passenger window. She saw the tip of the gun up against the window and heard the sound of the shot.

At some point, he opened the door and pulled Carillo out of the car. She knows she heard two shots, but was unsure about their timing, she said.

She remembers holding onto the steering wheel with her eyes closed, fearing that he would shoot her, she said. He told her to follow him, and came up behind in a car after she began driving, flashing his lights.

He directed her using his blinker to indicate where she should go. He then called her, telling her not to call anyone or do anything stupid, she said.

The pair drove to Uribe’s acquaintance’s home in Santa Rosa to drop off her BMW. However, after the two drove away, Uribe changed his mind and went back. Ultimately, they left her BMW in a car port at an empty house, she said.

They drove back toward Napa, with her driving. He began questioning her, pulled her hair and punched her several times, leaving her with a black eye and a headache, she said.

“He said, ‘How does it feel to know someone’s lost their life because of you,’” she said.

Uribe told her how he wanted her to see him kill Carillo, so she would remember it for the rest of her life.

“He said I was lucky because the gun was fully loaded and had 30 rounds,” she said.

They drove back to her home in Napa, where he directed her to lay down on her bed, and he lay beside her, she said. He smelled as if he had been drinking, she said.

The two had sex, and she allowed it without a fight because she was scared, she said.

The next morning, he ordered her to shower and drove her to work.

McEntee’s questioning pointed out that the district attorney’s office has been giving the woman cash payments and paying for her rent.

Rollins clarified later through her rebuttal questioning that the money was from a witness relocation program, with which the district attorney’s office connected her.

McEntee countered with questions about how the district attorney’s office stopped payment after the witness began visiting Uribe in jail.

She visited him four times, which she said later was so she could bring her children to visit.

The witness also talked to him on the phone about 15 times, as late as Friday morning, she said.

“When he calls you, he has to call you collect, is that correct?” McEntee asked.

“Yes,” she said.

“And you accepted every call, right?” he asked.

“Yes.”

McEntee also asked about episodes of auditory hallucinations she has experienced since childhood. She had one such episode the night of the shooting as she was trying to sleep, she said. She heard sirens, but Uribe told her they weren’t there, and she saw nothing when she looked out the window.

McEntee began asking questions about Uribe’s own experiences with hearing voices, but Rollins stopped him with an objection.

Tisher told McEntee he would have to call an expert witness to testify about any mental conditions Uribe might have, she said.

Rollins returned with questioning to the witness’ own hallucinations.

“When Rudy pointed the gun at Octavio, was that a hallucination?” Rollins asked.

“No,” she said, starting to cry.

“And when you saw the fire come out of the gun, was that a hallucination?”

“No.”

The hearing will continue at 9:30 a.m. Monday in Department G.