Por Neal Putnam<\/p>\n
A special circumstance charge of lying in wait has been filed against a man suspected of killing a teacher in North Park who had been dating the man\u2019s ex-girlfriend.<\/p>\n
This means prosecutors may either seek the death penalty or a life term in prison without parole against Jesse Milton Alvarez if he is convicted of first-degree murder of Mario Fierro, who taught at Cathedral Catholic High School.<\/p>\n
Alvarez, 31, is suspected of waiting an hour outside the home of Fierro, 37, who was shot six times on Feb. 1. Fierro was found at 7:10 a.m. on the sidewalk of Kansas Street near Monroe Ave.<\/p>\n
Fierro and another teacher who previously dated Alvarez were engaged. Fierro was also a football coach and school officials canceled classes for three days after learning of his slaying.<\/p>\n
Alvarez allegedly used his brother\u2019s car to travel to North Park to kill Fierro. Police arrested Alvarez at his Serra Mesa home about 13 hours later and seized a handgun that is suspected of being the murder weapon, according to prosecution documents filed in San Diego Superior Court.<\/p>\n
Alvarez\u2019s ex-girlfriend ended their relationship in Sept., 2019. She filed a temporary restraining order after he repeatedly called her and went to her home. A judge declined to issue an order against Alvarez, so she changed her phone number, moved and deleted her social media accounts, according to prosecution documents.<\/p>\n
Alvarez has pleaded not guilty to all charges and a preliminary hearing has been set for Oct. 18.<\/p>\n
The District Attorney\u2019s office filed court documents asking a judge not to set any bail because it is a capital case and for public safety. A judge agreed not to set any bail and Alvarez remains in the George Bailey Detention Facility.<\/p>\n
Attorney Kerry Armstrong, who represents Alvarez, said Tuesday he and another attorney are “still going through a ton” of police reports and other information about the case and could not comment.<\/p>\n