|
US CA: Witness: Mercy Plea In Slaying
URL: http://www.mapinc.org/drugnews/v04/n1072/a04.html
Newshawk: Jane Marcus
Votes: 0
Pubdate: Tue, 27 Jul 2004
Source: San Jose Mercury News (CA)
Copyright: 2004 San Jose Mercury News
Contact: letters@sjmercury.com
Website: http://www.bayarea.com/mld/mercurynews
Details: http://www.mapinc.org/media/390
Author: Yomi S. Wronge
Bookmark: http://www.mapinc.org/people/rodolfo+cardenas
WITNESS: MERCY PLEA IN SLAYING
S.J. Man Yelled `Don't Shoot' Before State Agent Fired, Woman Says
Seconds after an undercover drug agent fired into the back of an unarmed
man, Rodolfo ``Rudy'' Cardenas raised his hands in the air and begged for
mercy, witnesses said.
``Don't shoot me, you've already shot me,'' Cardenas yelled, according to a
resident of a downtown San Jose retirement home who watched the scene from
her fifth-floor window.
Dorothy Duckett's eyewitness account of the events on Feb. 17 provided a
glimpse into the final moments for Cardenas, 43, who was gunned down in a
botched police chase.
Duckett's testimony came at the start of the second week of a criminal grand
jury hearing into the killing of Cardenas by state narcotics agent Mike
Walker. Walker had mistaken him for a parolee and said he acted in
self-defense when Cardenas pointed what looked to be a gun at him.
Walker, 32, fired two bursts of shots. Cardenas didn't have a gun. Police
said they later found a four-inch pocket knife inside a bloodied pants
pocket.
Testimony in the criminal grand jury hearing -- which is open for only the
third time ever -- is expected to conclude today. The panel will decide
whether Walker acted in self-defense, or should stand trial.
Monday featured three other witnesses, including one of Duckett's neighbors
and an office worker, who said they never saw Cardenas with a weapon.
Earlier in the morning, Walker finished his testimony. He appeared to
contradict earlier statements he gave to investigators.
Walker had said Cardenas was about 35 feet away when he first fired. But on
Monday, he said Cardenas was much closer, although he didn't specify the
distance.
Walker, who was working undercover at the time, said that he shed his cover
shirt during the high-speed chase and that by the time he faced off with
Cardenas in the alleyway, his uniform was clearly visible.
But Deputy District Attorney Lane Liroff pointed out that Walker's cover
shirt was found some distance from his unmarked car, suggesting Walker may
have still been unrecognizable as a law enforcement officer when he opened
fire on Cardenas.
Walker otherwise stuck to his basic defense that, in those frantic seconds
when Cardenas appeared to be planning an attack, he thought it was kill or
be killed.
``I wasn't going to wait to be shot,'' Walker said Monday.
One juror, in a written question to Walker that was read out loud by Liroff,
said, ``I question your judgment on the shooting . . .''
Cardenas' family members said they were encouraged that jurors were
scrutinizing the agent's statements.
``He was going to shoot either way, whether he felt threatened or not,''
said his daughter, Regina Cardenas. ``He'd already made up his mind.''
In addition to the agent's actions that day, people have questioned why it
took paramedics 12 minutes to reach Cardenas, who lost a significant amount
of blood at the scene and was pronounced dead shortly after arriving at San
Jose Medical Center.
But forensic pathologist Dick Mason, who did not perform the autopsy, said
the timing of the ambulance wouldn't have made a difference.
``Death was pretty much inevitable,'' Mason said.
The day closed with the jury receiving deliberation instructions. They will
hear one more witness before beginning their deliberations.
----------------------------------------------------------------------------
----
MAP posted-by: Larry Seguin
***********************
Mark
Sign on my front door
___________________________
Notice posted.
This is not a peanut free zone!
The use of adult beverages, tobacco products, sugar,
salt, caffeine, high fat foods and firearms (when necessary)
is encouraged on these premises.
Jack-booted government thugs without warrants
will be shot upon entry.
Have a nice day :-)
____________________________
|
| |
| |
|
