A man has been charged in the Jan. 4 fatal shooting of a friend in Hayward he thought was having an affair with his girlfriend, authorities said. (File)
HAYWARD– A man has been charged with murder in the city’s first homicide of the year, a fatal Jan. 4 shooting that apparently stemmed from the suspect’s belief that the victim was in a sexual relationship with his girlfriend, according to police and court records.
The man is also suspected of, but not charged with, trying to have a witness to the killing slain, using the woman he thought had been cheating on him to attempt to hire the hitman, court documents say.
The suspect, Anthony Bergstrom, 53, is charged in the killing of Jesse Nieto, 53. Bergstrom is an ex-convict who has seven prior felony convictions, according to court records.
He pleaded not guilty Thursday to the murder charge and to one count of being a felon in possession of a firearm. He was being held without bail at Santa Rita Jail and was scheduled for a pre-trial hearing on May 26.
Authorities said both men were Hayward residents and were friends.
In court documents, police said that for more than three months before the killing, Bergstrom had accused Nieto of having a sexual relationship with his girlfriend, sparked by seeing nude pictures of the woman on Nieto’s phone.
On several occasions prior to the killing, Bergstrom went to Nieto’s home — once armed with a hammer — in an attempt to spark a physical altercation. Nieto was able to de-escalate the confrontations by talking about their friendship and insisted he was not in a relationship with the woman, the documents say.
But on Jan. 3, Bergstrom and Nieto met at a convenience store, where Bergstrom told Nieto not to go to a home in the 24000 block of Park Street or “there would be problems,” the documents say. But Nieto went to the home anyway, to spend time with friends.
As Nieto was leaving the house shortly after 12 a.m., Bergstrom showed up and the two got into an argument outside, the documents say, with Bergstrom again accusing Nieto of having a relationship with his girlfriend.
The dispute became physical and Bergstrom hit Nieto in the head with a skateboard, police said. As Nieto walked away bleeding, Bergstrom followed him and got into another physical confrontation with him.
During the struggle, according to the documents, it is believed Nieto drew a pistol from a shoulder holster while struggling with Bergstrom on the ground. At some point during the struggle Nieto was shot near his left temple, the documents say. He died at the scene.
As he fled the scene, Bergstrom threatened a person who had witnessed the confrontation and shooting, the documents say.
Bergstrom was arrested on unrelated warrants Jan. 14, while hiding in the garage of the Park Street home. He was taken to Santa Rita Jail while Hayward police continued investigating the killing.
According to the documents, while at Santa Rita, Bergstrom, in recorded phone calls, called the woman and asked her to contact a documented former gang member to kill the witness he had threatened.
The witness “needs to go bye bye … I’m telling you (the witness) needs to disappear for good,” Bergstrom is heard saying in one of the calls, the documents say.
Authorities have not said if the hitman was ever contacted. But the witness was never harmed, authorities said.
Bergstrom was booked on the murder and other charge April 6.
Originally published at Harry Harris