A man testified Monday that murder suspect Rodolfo “Rudy” Uribe threatened him with a gun after he balked at allowing Uribe to leave a car at his Santa Rosa house the morning a Calistoga man was killed last summer.

Uribe is accused of shooting and killing Calistoga resident Luis Octavio Carrillo, who was dating Uribe’s ex-girlfriend, the mother of Uribe’s two children.

He is charged with murder, domestic violence, forcible rape, a felon in possession of a firearm, unlawfully possessing a firearm and possession of an assault weapon.

Deputy District Attorney Michelle Rollins indicated that the rape charge will be dropped.

Monday was the continuation of a hearing that began Friday in front of Napa Superior Court Judge Francisca Tisher. She will decide if there is enough evidence to take Uribe to trial on the charges.

Monday’s hearing also included testimony from three people who lived near where the shooting occurred and two members of law enforcement.

At about 1:45 a.m. June 29, Uribe called Daniel Eames and asked if he could leave a vehicle at his house in Santa Rosa, Eames testified Monday.

When the two met up at Eames’ house on the 1300 block of Temple Avenue, Eames asked him what was going on.

“He said he got into some funk with some people over his girl, and that was all he said,” Eames testified.

When Uribe backed the silver BMW into the driveway, Eames noticed that the window was broken out of the passenger side and blood was dripping from the door jam.

He went into the house and got a flashlight, then returned to inspect the car. He noticed Rudy’s ex-girlfriend in another parked car, looking scared.

He repeatedly asked what happened, and when Uribe wouldn’t tell him, Eames told him he couldn’t leave the car there.

Eames went into his house to get a pair of keys. When he came outside again, Uribe was pointing a gun wrapped in a blanket at him.

“He said he didn’t have a choice,” Eames said. “He didn’t have nowhere else to go.”

Eames, frightened, told him there was an empty house on Calistoga Road where he could leave the car. He attempted to describe where it was, but Uribe “wasn’t going for it,” he said.

“I took him, because I was scared for my life,” he said.

Upon arriving, he pointed out the house and left, he said. He reported what happened to law enforcement later.

Defense attorney Jim McEntee asked Eames if he had been drinking that night. Eames said that in total he had about four or five beers.

McEntee also asked Eames to recount his criminal history, which includes convictions for marijuana possession and providing false information to a peace officer.

He asked if Uribe and Eames had ever smoked marijuana together, to which Eames said they usually smoked when they were together. He has a medical marijuana card and he believes Uribe does too, he said.

The hearing was interrupted briefly after the lunch break, when Eames reported that Uribe’s mother had approached him in a threatening manner.

Carolina Wiegers, of the Calistoga Police Department, interviewed Eames following the incident, she testified.

She said he told her he was waiting for the elevator on his way to leave the courthouse when a woman approached him and said, “Good luck.”

When he asked who she was, she told him she was Uribe’s mom, then told him “Good luck,” again, Wiegers said. She also criticized Uribe’s ex-girlfriend, Wiegers recounted.

When she spoke with Eames, he was crying and felt uneasy about the encounter, Wiegers said.

Rollins requested that Uribe’s mother be made to leave the courtroom. Eames had testified he believes the family has gang contacts and he has reason to be scared, she said.

McEntee protested, saying that Uribe’s mother doesn’t speak English and could have mistaken Eames for law enforcement.

He suggested the court admonish the audience not to speak with the witnesses.

Tisher warned Uribe’s mother through an interpreter.

“I do want to make it clear that no one, including you, is to make any threats to anyone,” she said.

The woman denied speaking with Eames, saying that she doesn’t speak English.

“I am here simply to hear what is going on,” she said.

Tisher denied Rollin’s request to remove the woman, saying that it was safer to have her in the courtroom than out of it.

The testimony that followed included that of Gabriel Padilla, who lives near the scene of the shooting on North Oak Street.

Through an interpreter, Padilla said he heard a gunshot early June 29.

When he looked out the window of his apartment, he saw a car parked on the street and a man standing outside the car at the passenger window.

He heard a female yelling, “No Rudy, No Rudy.”

The man walked around the back of the car to the driver’s side, then went around to the passenger side again, Padilla said.

He heard a second, quieter shot. It was dark, so he couldn’t give a good description of either the man or the car.

The last thing he heard was the man say was, “Shut up and get out of here,” he said.

The hearing continues at 9:30 a.m. on Tuesday.