April 30, 2004
(Updated) Jury Of Inquest: Day Three, Hour Four
Note: This post has been updated. Any and all updates appear at the end of the original post.
Since we're near the top of another hour, we'll start this item early to include all out-of-courtroom testimony in a single item.
Update
Technician indicates that audio from off-site room will be a little noisy because it's a smaller room with fans running in it.
Schrunk is explaining these witnesses have fear, but that does not mean the fear has been proven to be real or perceived. "This in no way should reflect particularly on the Perez family," and there is no evidnece of actual threats. This is tending to suggest these are witnesses who may not testify in ways the Perez family will like.
The first out-of-courtroom witness is Miguel Calvillo (sp?) who is speaking through an interpreter (Peg Snyder).
He was present at the scene and confirming he was there via what we presume is the usual diagram, he points that he was at the dry cleaners and places a sticker indicating where he was.
His sister was with him, and his niece and a little boy his sister was taking care of. He witnessed soemthing in the parking lot.
At first the officer turned his lights on for the person and parked near laundromat. Then the officer driving got out and asked Perez for license and insurance. That lasted for a second then Perez rolled up his tinted window. And then Perez bent down and the door was opened right away but he doesn't know who opened it.
Then it appeared to be a struggle and the offcier told him to put his hands behind his head. Then right away, they were struggling the Sery aproached a little bit away from Macomber and that's when he heard arguing. And then there was still the struggle then he heard some shots and my niece startied crying so he went to take care of her.
He couldn't see which officer who shot.
He could see Perez in the car. He bent over towards his right, but he couldnt' see what Perez was doing. The distance was such that he couldn't see.
Shot was heard, but it wasn't a bang like a gunshot. It sounded like a buzz, different froma gunshot. Like an electric shock.
He looked to see what that was. It was like a little cord or cable hanging from that person. Perez was moving, in fact he tought he was not dead, that he just heard soem sort of electricity. The witness stayed inside the laundromat because his niece was crying.
He told police what he saw, but not on same day because there was no interpreter.
He could make out asking for license and put your hands up, but not other things that were said.
He thought something bad was going to happen because Perez rolled up his window, that looked wrong to him. And also that the window was tinted. He himself would never have done that.
Question: When officers approached the car were guns drawn? Not at first.
Did you see them draw their guns? He did when the person rolled his window up.
Both officers? At first, the first officer opened the door up and the gun was not drawn yet. And after the struggled began the second officer drew his gun as did the first, but he's a little confused on that.
Update
Schrunk has the diagram of the scene put up in the courtroom itself again, since that's what they are working from. He tells jurors they can stand and stretch while they wait because the room is warm and the sun is streaming in.
Second witness from the off-site room is Carmen Gonzalez, also speaking through the interpreter. They are establishing that she was at the scene at the time of the incident, at the laundromat, but she needed the photograph not the diagram in order to explain this.
Gonzalez saw police stop a car in the parking lot.
Perez' car pulled into the lot, patrol car followed it. Patrol car stopped behind and an officer got out and asked driver for something through his window. Perez closed his window and officer said something she didn't understand. Perez bent over, down lower than steering wheel and at that time the car door was opened.
Officer got closer to Perez and they started to struggle. And that happeend for a moment then other officer approached but first went around the car and made a call on his radio.
At that time, nearer officer stepped back a little and other officer was at the corner. And the officer strugging who stepped back fired, she heard three shots. She got her children down because she was afraid shots would be fired inside.
She then kept looking. Other officer standing at corner fired another gun but it wasn't a bullet type gun it was a stream or something. And that pistol didn't make too much noise but he kept on squeezing it.
Perez was moving, his head and body a lot.
The second officer's gun ejected something, like a wide cartridge. It fell on the ground. She continued to watch. Then another officer arrived, many started arriving, one of whom came with a "big old pistol" and stood among the other officers, this was after more patrolc ars had come.
Gonzalez talked to an officer who came inside.
Question: Did officers have guns out before approaching the car? No.
Did you think Perez had a gun? Yes because it could happen you have to be careful with that kind of thing.
Question: Positions of officers are somewhat confusing. Could you perhaps draw on the diagram where they are? When she first saw the officers, the driver got out and moved to driver's side rear of Perez' car. Officer asked him something that's when window was rolled up. The other officer stood around the rear passenger side portion of Perez' car. Schrunk places a pink sticker there, M for driver, S for the other officer.
Update
The third and final witness from the off-site room is not identified because they are a minor. They are eleven years old, also speaking through the interpreter. We can't tell if they are male or female.
Witness was at the laundromat with relatives. Photograph is being used to demonstrate where they were.
Witness looked out the window and saw a police car. A man came up in a white car, and then the policemen chased him. An officer got out and then Perez rolled up his window. Officer opened Perez' door and then Perez tried to get something from the seat with his hand down below.
Officer grabbed his hand, and that's when officer came and seemed lke he was firing shots at him.
And then other oficer arrived and it seemed they were firing shocks at him. And then other officers arrived and surrounded him where he was at the door. And that's when the ambulance arrived and they checked out his heart. When all officers arrived, witness thought there was going to be a gunfight so they got down.
Witness looked out to see if there was a gunfight, but just saw that Perez was foaming at the mouth.
They did see officers when they first got out of their car. They did not have guns drawn, only when they opened up Perez' door and grabbed his hand. Shots were fired downwards.
We dont know how the witness answered about seeing both officers fire or not, because the webcast cut out.
Officer that fired first was the one that opened the door, the other officer came from a second patrol car.
Inquest is now on a break and will be back in session at 3:10 PM. Sery is first, to be followed by Foxworth.