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Detectives, defendant's girlfriend testify at Chavez trial
Published 7/22/2009 in Local News : Police
By RACHAEL GRAY
Day three of the Lucas K. Chavez murder trial continued Wednesday at the Finney County Courthouse with more witness testimonies and evidence presented by the prosecution.
Chavez, 24, is charged with second-degree murder in the Feb. 1 shooting death of Philip Maurice Brown, 30, at 2615 N. Main St., Apt. 6F.
He 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.
Chavez entered a not-guilty plea in a May 28 arraignment.
Tuesday and Wednesday, a jury of nine men and five women heard testimonies and cross examinations of the prosecution's witnesses.
Amber Riojas, Chavez's girlfriend at the time of the incident, took the stand Wednesday afternoon.
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.
According to testimony from several witnesses during an April preliminary hearing, Brown was shot in the doorway of the Apple Garden apartment after a few hours of argument between him and Chavez.
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 doesn'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.
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. The defense had objected to playing the video, saying certain elements of police behavior would not be allowed in court, so shouldn't be admissible in court.
Also Wednesday afternoon, testimony came from Dara Abustan, the tenant at the time of the Apple Garden apartment where the murder occurred.
Abustan said 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 Philip Brown was shot, with Public Defender Kristi Cott, Chavez's lawyer, pointing out that she's not an eye witness.
Abustan testified that at the time of the murder, she was getting food from Burger King with her boyfriend, Eric Brown.
Eric Brown testified Tuesday morning that he found a shell casing in the southwest corner of the 2615 N. Main St. apartment where the murder allegedly occurred. Eric Brown said he found the shell casing about two days after the incident. He and Abustan went back to the apartment after detectives had finished their crime scene investigations. Eric Brown is not related to Philip Brown, the victim, and said he had met Philip Brown the night of the murder.
Eric Brown said he thought he dropped a cigarette, bent over to look for it and spotted the shell casing in the corner of the apartment. He said he called the police, who then collected the evidence. Eric Brown said he picked up the casing with his shirt and did not touch it with his fingers.
Wes Brungardt, evidence and crime scene technician with the Garden City Police Department, testified Wednesday morning that police sent several items to the Kansas Bureau of Investigation for testing.
They included 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, along with the shell casings found by Eric Brown and ammunition found at Chavez's girlfriend's home.
Brungardt said the shell casings may have been kicked or moved during the crime scene investigation, which could be why police didn't find them in their initial search.
Det. Mike Velasquez, who testified Tuesday, said that detectives may have missed the shell casing during their crime scene investigation. Velasquez took photos of the apartment from which he drew a diagram of the apartment that was used in referring to the property. Both the photos and drawing were used in court testimony Tuesday.
Cott, Chavez's lawyer, questioned Velasquez about a photo of the southwest corner of the apartment where Eric Brown said he found the shell casing.
Velasquez said nothing in the photograph he took of the southwest corner indicated a shell casing was there. He said the view may have been obstructed because of a glass table.
Further testimony about tests on the shell casing and whether they came from the same gun that killed Philip Brown is expected to come later in the trial.
During the crime scene investigation, Velasquez said, detectives found a box in Abustan's bedroom that said "Jimenez Arms." He said the box could have been for a 9 mm gun. Velazquez said an ammunition magazine was found inside the box.
A serial number belonging to a gun was on the outside of the box. Prosecution presented photos Velazquez took of the box during the investigation.
Bradley Hernandez, an acquaintance of Chavez's, testified Tuesday that Chavez came to Scott City and purchased a 9 mm handgun from Hernandez's stepfather, Leslie Summers. The gun was the one allegedly used to shoot and kill Philip Brown.
Summers took the stand and said Chavez came to his Scott City home sometime in January and purchased the 9 mm weapon for $150.
Officials tracked the gun back to Summers after the murder.
Det. Larry Watson, who testified Wednesday, said the Garden City S.W.A.T. team arrested Chavez Feb. 2 at 605 Labrador Blvd., Apt. 222, the day after police found Philip Brown shot outside at Apple Garden Apartments.
Watson said Chavez said, "I didn't do it, but I know who did," shortly after the arrest.
Cross examination has been minimal so far in the trial, with Cott focusing on the fact that none of the state's witnesses are eye witnesses, so they can't know for sure what happened the night of the murder.
Watch www.gctelegram.com for more updates as the trial progresses.
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