HRLR
Los Tocayos Carlos
Chapter 2
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Text: A | A | A
All Chapter 2 Footnotes

The truck DeLuna was under (Point D) was parked exactly a block east of Barrera’s truck (Point E).262 The most direct route between the two was to cross Easter Street from Barrera’s home, pass through the front, then the back, yard of Barrera’s neighbor Armando Garcia, then pass through the back and front yards of the house behind Garcia’s.263

On Sunday, two days later, Garcia cut his lawn along that route. As he did, he found a trail of discarded clothes.264 Two white tennis shoes were on the side of his house between the front and back yards.265 In the rear corner of his backyard, Garcia found a white dress shirt.266 The shoes and shirt were put into evidence against DeLuna at his criminal trial.267

* * * * *

After Mylett and Schauer arrested DeLuna, they were so sure they had the right man, they never bothered to ascertain his height, weight or age or to compare them to the information from eyewitness Baker. Their commanding officers never requested that information, either. In fact, DeLuna was 5’8” tall and 160 lbs (consistent with Baker’s description) and 20 years old (younger than the man Baker described).268

Mylett and Schauer revealed their confidence that they had the Sigmor stabber in another way, as well: With their broadcasts blaring on the dozens of police radios in the area and at the gas station, the two officers proposed “bringing the suspect back to the [crime] scene” for identification.269

“Anyone see the armed robbery?” Mylett asked his superiors at the gas station who’d set up a field command post there.270 The answer was affirmative and that Schauer and Mylett should “go ahead and take him back to the scene.”271 A minute later, at 8:51 p.m., forty-one minutes after Wanda screamed, the manhunt tape ends.272

Sources

Testimony in Court and Depositions

  1. George Aguirre, Witness to Events Outside Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);

  2. George Aguirre, Witness to Events Outside Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

  3. John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);

  4. John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

  5. Julie Arsuaga, Witness to Man Running Near Shamrock Gas Station, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);

  6. Julie Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

  7. Kevan Baker, Eyewitness to Attack on Wanda Lopez, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);

  8. Kevan Baker, Eyewitness to Attack on Wanda Lopez, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

  9. Theresa Barrera, Resident of Neighborhood Where Manhunt Occurred, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

  10. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

  11. Jesus Escochea, Corpus Christi Police Dispatcher, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  12. Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  13. Armando Garcia, Resident of Neighborhood Where Manhunt Occurred, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  14. Robert Klemp, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  15. Eddie McConley, Corpus Christi Police Dep’t Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);

  16. Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  17. Thomas Mylett, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  18. Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  19. Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);

  20. Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  21. Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Opening Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  22. Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

  23. Donald Thain, Texas Dep’t of Public Safety Blood Analyst, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

  24. Mark Wagner, City of Corpus Christi Paramedic, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

Mark Schauer, Corpus Christi Police Officer, Supplementary Report (Undated) at 1 (describing the location of the pickup truck where Carlos DeLuna was found and arrested: “old pickup truck parked on the west side of Franklin about 40 feet north of Nemec”);

Ruben Rivera, Nueces County Deputy Constable, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 101–02:

A. And there was a pickup truck here, so we parked right next or about 50 feet from it right here so we could check that pickup truck out right here (indicating).

Q. Did you, in fact, check that pickup truck? I mean, did you stop and get out?

A. We did. Yes, sir.

Q. What did you do after that?

A. Well, we were satisfied that there was no one underneath that truck, so we just kept a foot search down in here and we saw another pickup truck down on this side (indicating). . . .

Q. Okay. Now, you say you approached—you approached the vehicle on Franklin Street?

A. The number one vehicle or the number two?

Q. The number two vehicle.

A. Yes, sir, I approached it as I come around Franklin this way. I saw the pickup over here and I approached it from this side of the street.

Steven Schiwetz, Prosecutor at Trial of Carlos DeLuna, Closing Statement, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 20, 1983) at 483 (describing location of Garcia’s home: “right behind the house where he’s [DeLuna is] found [under a pick-up truck] is the house of Armando Garcia, where these shoes and . . . shirt were found”).

M. Shedd, Corpus Christi Police Sergeant, Supplementary Report (Feb. 6, 1983) at 1 (“I contacted Mr. Armando Garcia, 4946 Easter . . . . This morning at approximately 11 a.m., while cleaning his yard, he found a white shirt, and a pair of track shoes in his yard. He found the shirt near his back fence, and the shoes between his residence and 4950 Easter.”);

Armando Garcia, Resident of Neighborhood Where Manhunt Occurred, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 180–83 (“I found there in the corner of my yard some shoes and in the rear of the yard a shirt. Q. What were you doing when you found these shoes and shirt? A. I was cutting grass in the yard. . . . Q. Where was the shirt? A. Right at the very corner of the fence at the house. . . . Q. And the shoes, where did you find them? A. Right at the corner of the house.”).

See sources cited supra note 264.

See sources cited supra note 264.

Armando Garcia, Resident of Neighborhood Where Manhunt Occurred, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 182–83 (“Q. Mr. Garcia, I want you to look at the paper bag marked State’s Exhibit 19. Inside there’s a couple items [sic] marked State’s Exhibit Number 20 and 21. Do those look like the shoes that you found in your yard that day? A. More or less, yes. Q. Let me show you now a paper bag marked State’s Exhibit Number 22. . . . And inside there’s a shirt marked State’s Exhibit Number 23. Does that shirt look like the shirt that you turned over to the police department? A. Yes.”).

See also Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 310–11

(introducing the defendant’s shirt as Exhibit 23);

State’s Ex. 20, 21, 23, Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983).

See, e.g., Arrest Sheet No. 80508 for Carlos De Luna, Corpus Christi Police Dep’t (Jan. 21, 1983) at 1 (giving Carlos DeLuna’s age as 20 years old, his birth date as March 15, 1962, and his height and weight as 5’9” and 170 lbs);

Arrest Sheet No. 81177 for Carlos De Luna, Corpus Christi Police Dep’t (Feb. 4, 1983), at 1 (same).

For Kevan Baker’s descriptions of the man he saw sprinting out of the Sigmor store, see supra notes 42–48.

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:57 (tape at 00:41:16) (“140 advised bringing him [the suspect] back to the scene.”);

see Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Murders (Feb. 27, 2005) at 2:

I remember that there were police cars everywhere, at the station and all around the neighborhood around the station, looking for DeLuna. I could hear progress on my radio. The police were responding to calls saying that people had spotted someone hiding under a truck that was parked on the street a couple blocks behind the gas station. Then I heard on the radio when DeLuna was pulled out from under the truck. I think that the police brought DeLuna back to the gas station right away so the witnesses could look at him.

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:33, 8:49:38 (tape at 00:40:52, 00:40:57) (“10–4. Want him brought to you?”; “Anyone see the armed robbery?”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:49:59 (tape at 00:41:18) (“Ok, [inaudible] said go ahead and take him back to the scene.”);

see Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 3 (“Approximately 35 minutes later, I learned a suspect had been apprehended and brought back to the scene to be identified by some of the witnesses.”);

Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 2 (“Lt. McConley contacted me on walkie and advised me to bring the suspect back to the scene so that the witnesses could observe him. I transported the suspect back to the Shamrock on 2806 South Padre Island Drive . . . .”);

Eddie McConley, Corpus Christi Police Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 52–53 (“I was at the scene from the beginning. I remained at the scene. I heard Mr. Schauer come on the radio with his location and that he had a suspect that they had pulled from underneath a truck. He gave me a brief description of him and based on what had been put out over the radio and BOLO and whatever, I instructed him to bring him back to the Sigmor Shamrock Station.”);

Mark Schauer, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 127–28 (“Q. And did you call in to Lieutenant McConley to find out what you were to do with this man? A. Yes, I put out a broadcast that I had—we had picked up a suspect in the area and then I don’t remember if I called him or he called me, but he told me to bring the suspect over to the scene of the crime. Q. Bring him—take him back to the Sigmor Service Station? A. That’s right.”).

Last entry of Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:51:31 (tape at 00:42:50) (“Yes, sir, as of now we do.”).

Chapter 2
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