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DEVELOPING: Testimony: Bullet fragments linked to gun
Published 7/24/2009 in Local News : Police
By RACHAEL GRAY
The Lucas K. Chavez murder trial continued Thursday with expert witnesses and further testimony from witnesses at the scene of the crime, including testimony that links the gun found where Chavez was arrested to bullet fragments and shell casings found at the crime scene.
Chavez, 24, is charged with second-degree murder in the Feb. 1 shooting death of Philip M. 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.
Ashley Trevizo-Hernandez, 13 at the time of the crime, identified Chavez as the shooter in an April 29 pre-trial testimony used for deposition. Prosecution showed her testimony Thursday afternoon for the jury. She is the only witness the jury has heard so far name Chavez as the shooter. Trevizo-Hernandez has not been available to testify in person during this trial.
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.
Antonio Solorzano, boyfriend of Trevizo-Hernandez at the time of the murder, testified Thursday afternoon. He said 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, according to Johnson.
On Friday, Judge Michael Quint allowed the jury to see a redacted version of Johnson's Feb. 2 interview with Solorzano. In the tape, Solorzano identified the shooter as "Luke."
Forensics
Coroner Bamidele Adeagbo testified Thursday morning that 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 where Chavez was arrested, Merchey Kirk's apartment at 605 Labrador Blvd., Apt. 222, plus shell casings found at the scene of the crime.
Zachary Carr, a forensic lab firearm examiner with KBI, testified Thursday that the bullet fragments matched the 9 mm gun found where Chavez was arrested.
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
In addition to Solorzano, two witnesses testified Wednesday about what happened the night of the crime, each telling a different story from what they told police during the investigation.
Ezecio Riojas testified Wednesday that he, Chavez and Solorzano 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.
Amber Riojas, cousin of Ezecio and Chavez's girlfriend at the time, also testified Wednesday, saying she 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.
Det. Watson testified Friday about the Feb. 1 interview with Riojas. He said he had some problems during the interview with Riojas not telling the truth.
Prosecutors asked Wednesday to show the jury the video of Riojas' two-hour February interview with police. Judge Quint ruled Friday morning that a 16-minute edited video of the Amber Riojas interview would be shown, possibly on Friday.
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