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DEVELOPING: Expert witnesses connect gun with bullet fragments
Published 7/23/2009 in Local News : Police
By RACHAEL GRAY
Expert witnesses testified Thursday in the Lucas K. Chavez murder trial, with Kansas Bureau of Investigation's Zachary Carr saying tests showed a match between bullet fragments found at the scene of the crime and a gun found at the site of Chavez's arrest.
Chavez, 24, is charged with second-degree murder in the Feb. 1 shooting death of Brown, 30, at 2615 N. Main St., Apt. 6F.
Chavez, who pleaded not guilty, also is charged with two counts of criminal possession of a firearm, including a 9 mm firearm he allegedly used to kill Brown and a .357-caliber firearm police say he may have owned.
According to testimony from several witnesses during an April preliminary hearing, Brown was shot in his head in the doorway of an acquaintance's apartment after hours of arguing with Chavez.
Forensics
Coroner Bamidele Adeagbo testified Thursday morning that the the gunshot wound to Brown's head was an "indeterminate wound," meaning that after he performed the autopsy, he couldn't determine from what range the bullet entered the head. He did determine, however, that it was not a "contact wound" — the gun was not held at the head at the time of firing.
The KBI tested bullet fragments from the wound, as well as a 9 mm Jimenez gun found in the pocket of a jacket at the site of Chavez's arrest, Merchey Kirk's apartment at 605 Labrador Blvd., Apt. 222, plus shell casings found at the scene of the crime.
Carr, a forensic lab firearm examiner with KBI, testified Thursday that he determined the bullet fragments matched the 9 mm gun in question.
Thursday morning, KBI forensic scientist Eric Moore testified about tests he ran on the handgun.
It had a right middle finger-print belonging to Chavez on the gun handle. No prints were found on the trigger. Moore said the gun's surface isn't conducive to finding fingerprints.
No glove patterns were found on the gun though Ezecio Riojas, a witness who testified Wednesday and said he was present at the scene the night of the murder, said he handled the gun with gloves on. Moore said he wouldn't expect to find the glove patterns because those are rare, just like fingerprints.
Scene of the crime
Riojas testified Wednesday that Chavez had been showing him a .357-caliber revolver and a 9 mm gun in a back bedroom of the apartment. He said Chavez told him to club Brown on the head with the revolver.
Ezecio Riojas also testified that Chavez let him handle the 9 mm after Chavez unloaded the gun. Ezecio Riojas said he had gloves on while he handled the guns. Riojas said he did not see Chavez reload the gun.
Ezecio Riojas testified that Chavez wore the 9 mm on his waistband and Ezecio Riojas had the .357-caliber in his possession before the men went from the back bedroom to the living room, where Amber Riojas, Chavez's girlfriend at the time of the incident, and Brown were sitting.
Ezecio Riojas testified that Chavez asked Brown to leave. Before Brown left, Ezecio Riojas testified, he got down on his knees to apologize. He said Chavez pulled Brown to his feet and pushed him toward the door.
Ezecio Riojas testified that he, Chavez and Antonio Solorzano, a friend of Ezecio Riojas, were crowded around Brown and some pushing began between Chavez and Brown.
Shortly after the pushing began, Ezecio Riojas said he saw smoke come out of a wound on Brown's head right after the shot was fired, but he said he did not see who shot the gun. Prosecution entered into evidence a written statement by Ezecio Riojas given to police in February that said Chavez had shot Brown. Defense lawyer Kristi Cott pointed out that Ezecio Riojas had identified Chavez three or more times in the statement as "Luke" but in the sentence where Ezecio Riojas had written that Chavez shot Brown, Ezecio Riojas had written "Look" instead of "Luke."
Amber Riojas also took the stand Wednesday afternoon.
Riojas testified Wednesday that she was present at the time of the murder, but doesn't know who shot Brown, though she saw him fall after the gunshot.
She acknowledged that during February interviews, she told police that Chavez shot Brown. Wednesday, however, she said she didn't remember.
She said Wednesday that she only made the statement about Chavez shooting Brown because she was scared and wanted to leave the police station.
Police said at the time of Chavez's arrest that they believed the shooting occurred because Chavez was upset with Brown for making advances toward Riojas.
Prosecutors asked Wednesday to show the jury the video of Riojas' two-hour February interview with police, but Judge Michael L. Quint denied its admission in full. The defense had objected to playing the video, saying elements of police behavior, such as pressuring a witness, would not be allowed in court, so the video of the interview shouldn't be admissible in court.
Quint ruled Wednesday afternoon that a 16-minute edited video of the Riojas interview would be shown Thurday afternoon after the defense has a chance to view it and make any objections.
Another witness at the scene, Ezecio Riojas's friend Antonio Solorzano, also gave testimony at the trial that differed from his February statements to police.
He testified Thursday afternoon that his back was turned when Brown was shot. However, in February, he told Det. Mark Johnson that Chavez shot Brown, and he demonstrated at the time how he held the gun.
More witnesses
Other testimony has come from Dara Abustan, the tenant of the apartment where Brown was shot.
Abustan said Wednesday that Chavez and Brown had been arguing the night of the murder. She said Chavez said to Brown, "You don't know me. I will shoot you." According to Abustan, Brown replied, "You don't have to threaten me. I'm from Chicago."
Abustan acknowledged during cross examination that she wasn't at the apartment when Brown was shot.
Abustan testified that at the time of the shooting, she was getting food from Burger King with her boyfriend, Eric Brown, who testified Tuesday. Eric Brown is not related to Philip Brown.
Solorzano's girlfriend, Ashley Trevizo-Hernandez, 13, also was present at the time of the shooting.
Law enforcement officials asked for the public's assistance in locating Trevizo-Hernandez on July 14. She reportedly was last seen on June 12 at 1210 E. Chestnut St., Apt. 3, and is believed to have run away from her home. She was subpoenaed through a third party to testify in the Chavez trial but has had no contact with law enforcement officials. They have no leads on her whereabouts, according to police Det. Larry Watson.
Judge Quint allowed the jury on Thursday to see a video of her April 29 pre-trial testimony, recorded for a deposition.
In the video, she identified Chavez as the shooter.
Watch www.gctelegram.com or Twitter.com/GCTelegram for updates throughout the day as the trial progresses.
Found 1 comment(s)!
Chavez
My name is Amanda,and I am the mother to Lucas' child. I have known Lucas since I was 16, and shared both good and bad times. I am deeply saddend over the thought of Lucas being named as a murderer, and hope and pray that it isnt so. My condolances to the Brown family. Amanda
Posted by: amanda on 7/24/2009
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