HRLR
Los Tocayos Carlos
Chapter 2
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All Chapter 2 Footnotes

“The gentleman apparently knew I was there,” Baker recalled.30 “As I started towards the store, he throwed the clerk to the floor and met me at the door.”31 The man came out of the door,32 holding it open as he stood looking at Baker, about three feet away.33

The assailant’s greeting froze Baker in his tracks.34 “Don’t mess with me. I got a gun,” the man said.35 Baker saw nothing in the man’s hands, no gun or any money,36 but he stopped anyway and looked the man in the eye.37 “My main thing,” he explained, “was eye-to-eye contact, to make sure he didn’t use the gun on me if he actually had one.”38

After a second or two, the man turned to his left, showing Baker his right profile.39 Then he “sprinted” the few steps to the corner of the building and took another left, running north behind the gas station store.40 When the first officers arrived, several bystanders described a man running behind the gas station and north up Dodd, the narrow street between the gas station and Wolfy’s.41

image

Figure 1: Aerial photograph of the Sigmor Shamrock gas station in February 1983. Wolfy’s is at the bottom across Dodd Street from the gas station. Standing outside the gas station store, about where a man in the photograph is walking, Kevan Baker watched the assailant exit the store, turn left (east), then left again (north) behind the store. Bystanders saw a man running behind the gas station store and north up Dodd Street.

Later that night and again at the trial, Baker described the man he saw grappling with Wanda. He was Hispanic, had dark hair, stood 5’8” or 5’9”, and weighed about 170 pounds.42 Baker guessed he was twenty-four to twenty-six years old.43 Years later, he described the man as a little older, “young thirties, probably, maybe late twenties.”44

At a court hearing, Baker described the man as a “transient,” someone who looked like he’d “been on the street and was very hungry.”45 His clothes were shabby and unclean.46 He had quite a bit of facial hair: a full moustache and whiskers all over his face, like he “hadn’t shaved in, you know, ten days, a couple weeks.”47 He wore a long-sleeved flannel shirt or jacket with red in it, which Baker thought may have covered a grey or light-colored sweatshirt.48

* * * * *

Baker didn’t move until he was sure the man was gone.49 He wasn’t taking any chances. The attacker “didn’t seem like he was on drugs or anything or like he was drunk,” Baker said.50 “He knew what he was doing.”51

After the man ran off behind the station, Baker took a few stunned steps back towards his car, not knowing what to do.52 A vehicle pulled in from the west.53 The driver rolled down his window, and Baker yelled for him to call the police.54

Then Baker noticed the clerk. She had staggered to the front door, barefoot,55 dripping a trail of blood.56 Baker went to her.57

“Th[e] young lady was coming out . . . and I met her at the door. . . . She just kind of come against me, and then fell back into the building, and started sliding down the side of the window right by the front door.”58 As he helped her down onto the concrete sidewalk, Wanda smeared blood on the window and on down the doorframe.59 There was blood all over her left side, front and back.60 Wanda was hysterical,61 pleading “Help me, help me”62 and trying to get up. Baker gently held her to the ground, telling her to “lay down, get calm.”63

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) at 27, 36, 37 (“[T]he gentleman was trying to pull the girl into the back room and as I started walking toward the door, the gentleman threw her on the floor”; testifying that Baker “turned” and “started towards the door”; “as I was walking toward the door, the [man] or the—the girl in this case was throwed to the floor and the [man] met me at the door.”);

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) at 270, 280 (“The gentleman had the lady—apparently knew I was there and trying hard to get her into the back of the store and as I turned and saw them and started walking toward the door, he threw her down and proceeded to meet me at the door.”; “I walked toward the door and he threw her to the floor and met me at the door.”);

Bruno Mejia, Corpus Christi Police Officer, Supplementary Report (Feb. 4, 1983) at 1–2 (“Kevin [sic] Baker . . . advised me that, as he was getting ready to pump gas into his car, he saw the clerk inside the store struggling with a Hispanic male . . . . Mr. Baker advised me that he then observed the subject attempt to carry the clerk into the back room of the store. . . . As he [Baker] neared the [back room] door, Mr. Baker advised that the subject released the girl and walked out of the store”).

See supra note 30.

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) at 27–28, 36, 37 (describing his own position in relation to the man running out of the store: “Approximately three feet” from the man; Baker had reached the curb outside the store “and was met by a gentleman coming out’’; the man opened the door, which opened outwards; “so he come out the door and the door was still open, we was just face to face”);

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) at 265–72, 280–81 (“We just looked each other face to face and he made the comment, ‘Don’t mess with me,’ and proceeded to run around the door. I was standing here on the curb or just off the curb and he come around and said, ‘Don’t mess with me,’ and took off”; estimating that he and the man were “three feet apart”).

See supra note 32.

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) at 39–42 (“I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

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) at 280–81 (“[W]e stood there for a few seconds and he took off running.”).

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) at 28–29 (describing his encounter with the man as he came out of the door: no conversation, “just a matter of that one comment . . . ‘Don’t mess with me. I’ve got a gun.’”);

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) at 265–72, 280–81 (“We just looked each other face to face and he made the comment, ‘Don’t mess with me,’ and proceeded to run around the door. I was standing here on the curb or just off the curb and he come around and said, ‘Don’t mess with me,’ and took off.”; estimating that he and the man were “three feet apart”; “he [the assailant] come out and met me and I assume he was still standing on the step, if you want to call it that, and the door shut or about the same time he said, ‘Don’t mess with me, I’ve got a gun,’ and we stood there for a few seconds and he took off running.”).

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) at 28 (“Q. Did you see a gun? A. No, sir.”);

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) at 274 (testifying that he saw no weapon in the man’s hands);

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 06:55–08:02, 12:00–12:26 (“Q. This fellow that ran out of the store, did you see anything in his hands? Money or anything like that? A. I saw nothing.”; “Q. Did you see a weapon? A. No.”).

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) at 28–29 (describing his encounter with the man as he came out of the door: no conversation; “just a matter of that one comment . . . ‘Don’t mess with me. I’ve got a gun.’ And I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

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) at 270–71, 281 (“We just looked each other face to face and he made the comment, ‘Don’t mess with me,’ and proceeded to run around the door. I was standing here on the curb or just off the curb and he come around and said, ‘Don’t mess with me,’ and took off”; estimating that he and the man were “three feet” apart; “[the assailant] come out and met me and I assume he was still standing on the step, if you want to call it that, and the door shut or about the same time he said, ‘Don’t mess with me, I’ve got a gun,’ and we stood there for a few seconds and he took off running.”).

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) at 272 (“I paid all my attention to his eyes”);

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 28:00–29:08 (“But my main thing was eye to eye contact to make sure he didn’t use the gun on me, if he actually had one that he said, you know.”).

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) at 281 (“Q. Okay. And which way did he run? A. He ran to the left—it would be to my right or to his left in an easterly direction.”).

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) at 27–28 (noting that Baker and the man “looked each other in the face and he took off”; “And I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

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) at 270, 281 (“I was standing here on the curb or just off the curb and he come around and said, ‘Don’t mess with me,’ and took off.”; “Q. Okay, when you say, ‘he ran,’ do you mean a fast run or a sprint, a jog, a lope, a trot? A. I would say a sprint. Q. He was running pretty fast? A. Yes, sir.”).

On the direction in which the attacker fled, see Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“He came out the door face to face with me. He told me don’t mess with me I got a gun, and ran off behind the station.”);

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) at 38:

A. We looked at each other and he turned to his left, and fled east on foot.

Q. And what would be—which direction from the direction that you had come from originally?

A. It would be in the approximate same direction I was walking in and I was walking at an angle towards the door and I—like I say, the best way to describe it, he headed east from the door.

Q. So if we had to say “left” or “right” as he walked outside the door—

A. We would say left.

Q. We would say left?

A. From his direction. It would be my right, but it would be his left.

Q. All right. As you walked out of the door of the station, it would be left.

A. As he did, yes.

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) at 270, 270–71, 281–82, 283 (“took off in an easterly direction (indicating)”; “he went running in this direction (indicating)”; “Q. Okay. And which way did he run? A. He ran to the left—it would be to my right or to his left in an easterly direction.”; “Q. Okay. Do you recall in your statement [to police that night] that you said that the person, after he got out the door and talked to you, that you said he ran off behind the station? A. Yes, sir.”; “Q. [D]id he go eastward and then turn around and go up the—behind the station. A. . . . [C]orrect[] . . . . He ran around to the eastward direction and took off out of sight”; “Q. [Y]ou presumed that he probably ran behind the station. A. Yes, sir.”).

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (summarizing statement of Kevan Baker, Eyewitness to Attack on Wanda Lopez: “The subject then fled off behind the station.”);

Jesse Escochea, Corpus Christi Police Dispatcher, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 34 (“A. They said he was running to the rear of the store. Q. To the rear of the store? A. Right.”; “Q. You said that they said the person was running to the rear of the store. Who are you getting that information from? A. Several units in the field.”);

Thomas Mylett, Corpus Christi Police Officer, Supplementary Report (Feb. 6, 1983) at 1 (“An officer at the scene broadcast information that the suspect had shot [sic] the clerk at the Shamrock [Sigmor] station and then ran north, on foot, behind the Shamrock station.”).

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 93–95 (he was searching for the suspect “down Dodd into the neighborhood”);

Transcribed Videotape Interview with Ruben Rivera, Nueces County Deputy Constable, in Robstown, Texas (Dec. 7, 2004) at 02:09:18–02:09:30, 02:10:02–02:10:08 (“One of the persons that was there, I forget who it was, but he came forward and he pointed in the direction of Dodd Street and he hollered, ‘He ran that way.’”; “Q. And so they pointed and said, somebody said, ‘He went that-a-way,’ and they pointed which direction on Dodd? A. North. North, because Dodd dies right there at the freeway. It runs perpendicular from the freeway.”);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:03:25 (recalling that after being called by the police to come to the gas station, he was told that the perpetrator “ran due West, and then ultimately, North, on Dodd, behind the location and back into the neighborhood”).

Bruno Mejia, Corpus Christi Police Officer, Supplementary Report at 1 (Feb. 4, 1983) (“I then contacted Witness #1, Kevin [sic] Baker, who advised me that . . . Hispanic male, approximately 5’7” to 5’9””);

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“This man was a Hispanic male, five feet eight inches tall, one hundred and seventy pounds, dark hair”);

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) at 39–41 (“Told him [police officer] he was a Hispanic male.”);

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) at 273 (“Q. Can you tell the Jury—how tall are you? A. I’m five foot six. Q. And was this fellow taller, shorter, the same size? A. Taller. Q. How much? A. I’m not real sure, inches. Q. A lot, a little? A. A little. Q. How much do you weigh? A. I weigh a hundred sixty pounds. Q. How much does the man that you were dealing with weigh approximately? A. A hundred eighty.”);

see also 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 became the lead investigator on the Wanda Lopez case because I just happened to be working as the lead investigator on the night shift when her 911 call came in. I remember that I had only been at work for a few minutes when her call came in. I recall that it was a “robbery in progress” which justified sending an investigator and a lot of police to look for the suspect. I remember that Sigmor gas station. When I got out to the gas station, there were police cars everywhere. The neighborhood was literally saturated with police, fanning out looking for Mr. DeLuna. Mr. DeLuna had been reported by witnesses to have run out behind the gas station in a northern direction, right into the residential neighborhood behind the gas station. . . . 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 their progress on my radio.

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (estimating the man’s age as “about twenty four years old”);

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) at 274 (“Q. Can you give us a guess as to how old he was? A. Twenty-four, 26.”);

see Kate Wagner McCoy’s Notes on Interview with James J. Vanecek, Fire Dep't Emergency Medical Technician (Mar. 31, 2005) at 1 (describing events witnessed by a Fire Department emergency medical technician called to the scene to assist Wanda Lopez: “He thinks a PO [police officer] stated a Hispanic male probably by himself committed offense. Middle twenties. Fled the scene.”).

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 13:55–14:56 (estimating the age of the man as “young thirties, probably, maybe late twenties”).

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) at 41, 42 (“That night I saw him I would say he had been someone who had been on the street and was very hungry. Q. Okay. Would you describe in these words the man that you saw on the 4th of February as maybe a transient? A. Yes. More so than a local citizen.”; “[T]he night I saw him he looked like a transient.”);

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) at 286 (“Q. That person that you had seen earlier at the station, would you describe him as a—looking like a transient? A. Yes, sir, I would. Q. A transient being a person that—well, what is a transient to you? A. To me a transient is somebody unshaven, I mentioned looking hungry, clothes weren’t all, you know, really pressed or super neat and clean.”).

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) at 286 (noting that the man’s “clothes weren’t all, you know, really pressed or super neat and clean”).

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (describing the assailant as having a “mustache”);

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) at 39–42 (“:

Q. You’re sure about a moustache?

A. Yes.

Q. You’re sure about a beard?

A. It depends on your definition of a beard. Are we talking about a full beard, or whisker growth?

Q. I’m talking what you saw.

A. Okay. I saw a gentleman who hadn’t shaved in approximately ten days, seven days and had whiskers all over his face and possibly a full moustache . . . .”);

see 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) at 272–73, 273–74, 286 (describing the assailant as having a “moustache”;

“Q. Did you notice any facial hair?

A. Yes.

Q. How much?

A. Quite a bit.

Q. Okay, describe it for us.

A. [T]o me it looked like . . . you know, he just hadn’t shaved in, you know, ten days, a couple weeks.

Q. Did he have a moustache?

A. Yes.”).

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“He had on what looked like a flannel shirt with some red in it.”);

Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 1 (The bolo advised the suspect was a Hispanic male . . . [who] wore dark pants and a flannel shirt . . . dark wavy, ear-length hair.”);

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) at 28–29, 39–42 (“I described [to the officer] a shirt that had some red in it.”; “I felt that it was something with red in it”; “something long-sleeved”; “possibly a flannel shirt”);

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) at 265–77, 281, 286 (describing man’s shirt as “something red with flannel or something flannel with red in it”);

Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 69 (testifying that when Mejia arrived at the scene, Baker described the assailant as wearing a “gray type of shirt, possibly a sweatshirt type of shirt”).

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) at 39–42 (“I just stood there looking him in the eye and we kind of stood there for another two seconds and he took off.”);

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) at 280–81 (“[W]e stood there for a few seconds and he took off running . . . .”);

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 01:05 (“I watched him run away, make sure he got a good distance away.”).

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 12:26–13:55, 17:17–18:25 (“He didn’t seem like drugs or anything or like drunk; he knew what he was doing.”; “I watched him go and turn. And when I turned back to see what was going on. I turned back, I wanted to make sure he was gone.”).

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 12:26–13:55, 17:17–18:25 (“He didn’t seem like drugs or anything or like drunk; he knew what he was doing.”; “I watched him go and turn. And when I turned back to see what was going on. I turned back, I wanted to make sure he was gone.”).

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“A man drove in, I told him to call the police and he went right over to the telephone to call.”);

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) at 28–29 (“I turned around and went a couple steps back towards my car, just kind of not knowing what to do, and a car pulled in from the west, heading east in the gas station, the gentleman had his window down, I yelled for him to call the police.”);

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) at 274, 283–84 (“I turned—trying to think what to do basically and as I turned, if I may use this pointer, I seen a car pulling in here and I proceeded to come a few steps away from the door and the gentleman had his window down and I yelled at him to call the police.”; describing what Baker did “after [he] lost sight” of the man: “I made that statement to the gentleman pulling in to call the police and as I turned around to see how she [Wanda Lopez] was . . .”).

See supra note 52.

See supra note 52.

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 15, 1983) at 297 (describing condition of Wanda Lopez when Detective Escobedo arrived at the scene and observed the medics working on the store clerk: “She was barefooted, there was blood on the soles of her feet.”);

see Crime Scene Photograph 25500005, Corpus Christi Police Dep’t (Feb. 4, 1983) (showing Wanda’s left sandal behind the counter);

Crime Scene Photograph 25500007, Corpus Christi Police Dep’t (Feb. 4, 1983) (showing Wanda’s right sandal upside-down behind the counter).

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“I approached the lady coming out the front door. She had blood all over her.”);

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) at 29 (“I turned around and this young lady was coming out the door and I met her at the door. Q. Now, who would the young lady be? A. Pardon me? Q. Who would that young lady be? A. I assume the attendant. Q. Okay. And then you met her? A. At the door, and she just kind of come against me, and then fell back into the building, and started sliding down the side of the window right by the front door, and I seen the blood . . . .”);

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) at 274 (“I turned around and met the store clerk at the door, she had made it that far.”);

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 14:56–16:02 (“She come [to] the door and she was hysterical. . . . I saw blood.”).

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“I approached the lady coming out the front door.”);

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) at 29 (“I turned around and this young lady was coming out the door and I met her at the door.”);

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) at 274 (“I turned around and met the store clerk at the door . . . .”).

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) at 29 (“I turned around and this young lady was coming out the door and I met her at the door. Q. Now, who would the young lady be? A. Pardon me? Q. Who would that young lady be? A. I assume the attendant. Q. Okay. And then you met her? A. At the door, and she just kind of come against me, and then fell back into the building, and started sliding down the side of the window right by the front door, and I seen the blood . . . .”).

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 14:56–16:02, 16:02–17:17 (“[T]here was still blood that she left on the window and stuff like that. And I go, ‘oh my god. . . .’”; “There was enough [blood] that it streaked down the window as I was getting her down cause she was back against the window.”; “Q. Did you notice blood on her clothes? A. Oh yeah, by all means, on her left side. . . . And it left blood on the window and going on down.”);

see Crime Scene Photograph 25500020, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500024, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500033, Corpus Christi Police Dep’t (Feb. 4, 1983) (all showing blood smeared on Sigmor store’s front door and frame).

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 01:05–02:00, 06:00–06:55, 16:02–17:17 (“I saw blood on her left side.”; “Q. Did you notice blood on her clothes? Oh yeah, by all means, on her left side.”).

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 14:56–16:02 (“She come the door and she was hysterical . . . .”).

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (“All she said was, ‘Help me, help me.’”);

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) at 29 (“Q. Did she say anything to you? A. Just, ‘Help me. Help me.’”);

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) at 274, 283 (“Q. Okay. Did she say anything to you? A. She said, ‘Help me. Help me.’”; “She . . . asked me for help, she said, ‘Help me, help me,’ and she fell against the window, slid down . . . .”).

Kevan Baker, Eyewitness to Attack on Wanda Lopez, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“I helped her on down to the ground.”);

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) at 29 (“[S]he kept trying to get up and I kind of forced her to the ground so that she would lay down and remain calm.”);

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) at 274–75 (“Q. What did you do to try and help her? A. I tried to make her stay on the pavement.”);

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 14:56–16:02 (“I put her back against the wall first; told her you gotta lay down, get calm; as I helped her down and I helped her lay on the concrete in front . . . .”).

Chapter 2
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