HRLR
Los Tocayos Carlos
Chapter 2
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All Chapter 2 Footnotes

Escochea took Wanda’s call at 8:09 p.m.116 Immediately, she said what she needed: “Yes, can you have an officer come to 2602 South Padre Island Drive? I have [a] suspect with a knife inside the store.”117 The 21-year-old Escochea didn’t like the caller’s tone of voice. Listening to the tape years later, he recalled thinking Wanda had “a little bit of an attitude.”118

For well over a minute, Escochea questioned Wanda about the “Mexican” man inside the store, what he looked like and what he was doing. Then he heard Wanda try to give the man the money from the cash drawer: “You want it? I’ll give it to you. I’m not going to do nothing to you. Please!!!”119

It was only then, seventy-seven seconds into the call, that Escochea broadcast his first “armed robbery in progress,” giving the gas station address.120

Seconds later, Wanda screamed.121 Scuffling and moaning could be heard in the background.122 Then the phone went dead.123

A minute later, Escochea broadcast another bulletin: “It’s going to be a Hispanic male with a knife. I had the clerk on the phone. There’s going to be an assault in progress, also.”124

Escochea initially dispatched Officer Thomas Mylett to the scene.125 Mylett didn’t answer, and a second call went out a minute later at 8:11 p.m.126 Responding to that call, Sergeant Steve Fowler reached the scene in just over a minute.127 If Fowler had been dispatched when Wanda first called, he would have arrived before she screamed.128

Fowler found Wanda on the sidewalk, covered in blood, and radioed back—inaccurately—that she had been shot.129 He bent over Wanda to ask what had happened but immediately saw that she was unable to answer.130 Forty seconds after arriving, exactly two and a half minutes after Wanda screamed, Fowler called for an ambulance.131

If Escochea had called for an ambulance when he first heard Wanda scream, it would have arrived at about the time Fowler called for it.132

* * * * *

Sergeant Bruno Mejia was the second officer on the scene.133 He corralled witnesses at the ice machine as they arrived,134 and took descriptions of the suspect.135 He broadcast the descriptions over the police radio frequency as “BOLOs”—alerts to “be on the lookout.”136

The first BOLO reported Kevan Baker’s description of a “Hispanic man, about 5 foot 9, wearing a flannel shirt and a gray sweatshirt” who was “northbound on foot, to the rear” of the Sigmor.137 Baker’s statement that the assailant had headed north behind the station was confirmed by police fanning out in that area who heard reports from others of a “person [seen] running to the rear of the store.”138 Four versions of this BOLO went out over the course of a minute, all within about three minutes of when Wanda first screamed.139

After getting Baker’s description, Mejia spoke next to George Aguirre and John and Julie Arsuaga. Like Baker, they all saw a Hispanic man, 25 years old, about 5 foot 8, 170 lbs, with black hair.140 Someone—probably Julie Arsuaga—described the man’s hair as “medium” or “ear-length” and “slightly wavy, just a tiny bit, not real curly.”141

The twenty-two-year-old Mejia142 struggled, however, to make sense of other details the three new witnesses provided, especially the Arsuagas. Unlike the light-colored sweatshirt Baker described and the white long-sleeved T-shirt Aguirre saw,143 the Arsuagas were sure the man they had seen in their headlights running past the Phase III nightclub wore a white dress shirt.144 The Arsuagas described the shirt in great detail: The sleeves were rolled up, and it was unbuttoned145 near where the shirt reached the man’s dark well-pressed “uniform-type” slacks.146

The police call card documenting this call says it came in at “8:09 p.m., 2/3/83.” Corpus Christi Police Dep’t, Supplementary Call Card #1 (Feb. 4, 1983) at 1.

Based on the information on the Supplementary Call Card, supra, we time the tape from 8:09:00. There are nineteen blank seconds on the dispatch tape before the moment when Escochea answers the phone (Escochea answered by saying “Police Department”), and the conversation with Wanda Lopez commences. For that reason, the time we have identified at 8:09:00 corresponds to the nineteenth second on the tape (00:00:19), and there is a nineteen-second lag between the clock time we report (e.g., “8:10:23”) and the elapsed time on the tape, which we indicate in parentheses (e.g., “(tape at 00:01:42)”). On the transcript of the manhunt tape, “Disp” refers to Dispatcher Jesse Escochea; “M:” refers to an unknown male voice; “F:” refers to an unknown female voice; and “?” refers to an unknown speaker whose gender is unknown and also to inaudible words or phrases. From time to time, the transcript includes bracketed comments in capital letters, often attributed to Officer Robert Mayorga, a veteran Corpus Christi police officer and friend of Wanda Lopez, see supra Chapter 1, notes 27–28 and accompanying text, who reviewed the transcript for the out-of-town investigators in 2005 and explained the meaning of the numeric codes police personnel use on the tape.

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 00:00:19–00:00:30.

James S. Liebman’s Notes on Sita Sovin and Lauren Eskenazi’s Interview with Jesse Escochea, Corpus Christi Police Dispatcher (Feb. 11, 2005) at 2 (“Jesse: ‘she [Wanda Lopez] called in; she had a little bit of an attitude,’ he said.”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:12 (tape at 00:01:31);

see supra Chapter 1, note 70 and accompanying text (describing the source of the word “Please” and the three exclamation points).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:17 (tape at 00:01:36) (“Disp: Get a unit on 17 [an emergency run] to the Shamrock, 2602 South Padre, got an armed robbery going down right now!!!”);

see also Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:42 (tape at 00:01:49) (“Female Voice: Armed robbery in progress.”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:23 (tape at 00:01:42) (“screaming”).

Police Transcription of Corpus Christi Police Dep’t Audio Tape of Wanda Lopez’s 911 Phone Call (Feb. 10, 1983) at 3 (“‘I’ll give it to you, I’m not gonna do nothing to you. Please!!!!’ (A lot of commotion is over heard [sic] in the background, followed by screams, you can hear the phone dropping, victim moaning.)”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:29 (tape at 00:01:48) (“dial tone”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:11:05 (tape at 00:02:24) (“It’s going to be a Hispanic male with a knife. I had the clerk on the phone. There’s going to be an assault in progress, also.”).

Corpus Christi Police Dep’t, Supplementary Call Card #1 (Feb. 4, 1983) at 1 (“Officer #648” [Mylett] “dispatched;” “nature of complaint” is “38 i.p.” meaning assault in progress);

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 31–32 (“The primary unit [dispatched to the scene] was officer Mylett. The—he was the primary unit. He did not make the scene, Sergeant Fowler was the first on the scene so, therefore, we—we changed the card and he was assigned the call.”);

see also Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:17 (tape at 00:01:36), 8:11:41 (tape at 00:03:00) (indicating that patrol car “140,” Mylett’s squad car, was dispatched to the scene on a code “17” at 8:10:17, but didn’t check in with the dispatcher until 8:11:41).

Corpus Christi Police Dep’t, Supplementary Call Card #2 (Feb. 4, 1983) at 1 (Sgt. Mejia #680 is dispatched by radio);

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:53 (tape at 00:02:12) (“Female Voice: at this time. [?] back-up to 134. [134 IS FOWLER’S CAR. [Car] 55 IS TOLD TO SERVE AS ‘BACK-UP’ TO 134.]”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:03 (tape at 00:03:22) (“Male Voice: 47. [MAYORGA: 47 MEANS ‘HAVE MADE THE SCENE’] Female Voice: 10–4.”);

Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 43 (describing himself as the “first officer on the scene”).

A patrol car probably could have arrived even more quickly than Fowler’s did, given the coincidence that he had allowed an inexperienced and untrained auxiliary police officer—essentially a civilian—who was riding in the car with him to drive the car that evening, and the auxiliary officer happened to be driving the vehicle when the emergency call to came in to go to the Sigmor immediately. The auxiliary officer drove the car to the gas station in an unsafe and unprofessional manner, which appears to have delayed the car’s arrival at the scene. See Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 59:

[When Fowler arrived at the gas station,] I was still trying to recover from the drive over there because we went down the wrong way on the expressway running cars off the road trying to get there and Officer McCoy was a reserve and I think it’s the third time I had ever let him drive the patrol car and I had been on top of him ever since we got the call screaming at him and I was at that time a little hyper about the automobile drive.”

The seventy seconds that elapsed between the call to Fowler (Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:10:53 (tape at 00:02:12)) and his arrival (id. at 8:12:03 (tape at 00:03:22)) is less than the eighty-three seconds that elapsed between Wanda’s call (id at 8:09:00 (tape at 00:00:19)) and her first scream (id at 8:10:23 (tape at 00:01:42)).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:33 (tape at 00:03:52) (Fowler radioing in, “We got a 27”; a “27” is a shooting);

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 the clerk at the Shamrock [Sigmor] station and then ran north, on foot, behind the Shamrock station.”).

Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983);

Ambulance Patient Record for Wanda Lopez (Feb. 4, 1983) (describing a “25 y.o. woman [with] apparent stab wound to Left chest [unreadable word] found lying on sidewalk unconscious, lg amount of blood on sidewalk, breathing shallow, slow pulse.”);

Steven Fowler, Corpus Christi Police Sergeant, Supplementary Report (Feb. 4, 1983) at 1 (“The victim was breathing very erratically and did not respond to my questions.”);

Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 45 (“I bent over and asked her what had happened, but when I saw her condition, I just—that was it, I just didn’t bother asking anything else.”);

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) at 177–78 (testifying that, when the medics arrived, Wanda Lopez was “semi-conscious,” not speaking but “moaning slightly” and had an “apparent stab wound to the left chest”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:53 (tape at 00:04:12), 8:13:25 (tape at 00:04:46) (“Female Voice: I’m getting the ambulance for you”; “Male Voice: Code 3. 2602 South Padre for a 27. [MAYORGA. CODE 3 = EMERGENCY RUN . . .; 27 = SHOOTING”);

Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983) at 1 (indicating that the ambulance was dispatched on Feb. 4, 1983, at 8:13:25 p.m.);

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 33 (“As soon as Sergeant Fowler arrived on the scene, he called for an ambulance. . . . His—his primary concern was getting an ambulance out there first.”);

see Kate Wagner McCoy’s Notes on Interview with James J. Vanecek, Fire Department Emergency Medical Technician (Mar. 31, 2005) at 1:

When they [Fire Department emergency medical technicians] arrived the police had already arrived . . . He thinks they [police] had checked inside the store, determined the attacker had fled, and secured the scene. . . . He remembers seeing a police car there parked. He then arrived on the fire truck. About a minute later the ambulance arrived from his same fire house, but he imagines they were returning from a call since they didn’t get there as fast (normally the ambulance arrives before fire [truck] b/c the [ambulance] truck is smaller). He thinks they all got there very fast. The fire department is about 1 ½ miles from the Shamrock and he remembers them really hustling [because] the call came in as critical. Initial call said there was a stabbing, a woman alone at the store was stabbed severely with much blood loss.

When he arrived at the scene, Lopez was outside on the sidewalk in front of the store just to the left of the door (left as you face the entrance from outside the building). She was lying in the fetal position on her right side holding the side of her chest where she was stabbed with her head facing the inside of the store. (He later said her arms were to her side.) There was a trail of blood from inside the store. She was already gasping for air, clearly dying. She couldn’t talk.

He said they started CPR and gave her an IV very soon after arriving. He describe[d] what sounds like a pneumothorax—her lung was punctured and being compressed by air that was entering through the wound. But he doesn’t remember seeing the wound himself. He thinks other crew members might have. But he thinks it was only one wound, and believes it was on her left side. He thought it was still bleeding though when they were there and remembers seeing quite a bit of blood.

Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983) (indicating that the ambulance arrived at 8:16:10 p.m., two minutes, forty-five seconds after 8:13:25 p.m., the time the ambulance report indicates it was dispatched);

Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 45 (“Q. Now, when you—when you got there, how long was it before the people from the Emergency Medical Service got there? A. Maybe two, three minutes”).

Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42 (“Q. Did any other officer show up afterwards? A. Just a few—a few seconds after I got there, Officer Mejia showed up.”);

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 65 (“Q. When you arrived, were there any other police units on the scene? A. There was one other police unit on the scene. Q. And who was that? A. Sergeant Fowler.”).

Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42, 43 (“I advised him to grab every witness he could and take them over beside the side of the station and isolate them and try to get some information and put out a BOLO as quick as he could.”; “Q. Now, where did he take those witnesses to, Officer Mejia? A. He stood them—he grabbed them and they all just kind of lingered in this area right here (indicating), so that we were sure none of them would get away or get tired and walk off.”);

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 67 (“I moved them [the four witnesses] over to the rear or the east corner of the station there.”);

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 277 (“We were standing over on the east side of the building”);

see supra notes 73–74 and accompanying text.

Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42 (“I advised him [Mejia] to grab every witness he could and take them over beside the side of the station and isolate them and try to get some information and put out a BOLO as quick as he could.”);

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 66, 67–68 (“Okay, at that point, there were several people starting to crowd around. I asked each and every one of them if they had seen anything and if they didn’t, to please leave, that this was a crime scene and we could not disturb it in any way and I then secured the witnesses who were there at the scene.”; “we try to get—there was a suspect, where it was male or female, that’s very important; whether there was a vehicle involved or not . . . then I find out what he was wearing, what he looked like, get a physical on him; all this information is being fed to me by the witnesses, and then as soon as they give it to me, I put it over the air.”).

Steven Fowler, Corpus Christi Police Sergeant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 42–43 (“A BOLO is the abbreviation for be on the lookout, a quick broadcast of what the description of the suspect looks like and we try to get it on the air as soon as possible so the people who are in the area will be able to locate him if they can find him.”);

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 66 (“I wanted the most complete information from each and every one of them because I was about to put out an all-points bulletin or BOLO as we call it.”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:55 (tape at 00:04:14) (“Male Voice: We’ve got a Hispanic male, wearing a gray sweatshirt, northbound on foot beside the building”);

see also Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:13:09 (tape at 00:04:28), 8:13:51 (tape at 00:05:10, 8:22:32 (tape at 00:13:51) (“northbound on foot, to the rear”; “northbound on foot”; “northbound on foot to the rear of the Shamrock”);

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 53 (“We were told that it was a Hispanic male, approximately five, nine, I don’t remember the weight description, with dark pants and a possible grayish-looking shirt, a pullover shirt of some sort, sweatshirt was involved.”);

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 (“Well, the first description that I can remember receiving was a gray type of shirt, possibly a sweatshirt type of shirt, something like that. Q. Do you recall which one of them told you that? A. I believe Mr. Baker is the one who advised me of that.”);

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.”).

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 (“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. . . . I would really have to listen to the tape to be able to identify the voices that were telling me what was going on.”).

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:12:55 (tape at 00:04:14), 8:13:09 (tape at 00:04:28), 8:13:44 (tape at 00:05:03), 8:13:51 (tape at 00:05:10) (“Hispanic male, wearing a gray sweatshirt.”; “Hispanic male, gray sweatshirt.”; “Additional information: Hispanic man, about 5 foot 9, he’s got a flannel shirt on.”; “about 5–9, should have a flannel shirt and gray sweatshirt.”). Wanda screamed at 8:10:23 (tape at 00:01:42).

See supra notes 42, 43, 79, 96.

Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:30:05 (tape at 00:21:24), 8:30:09 (tape at 00:21:28), 8:30:53 (tape at 00:22:12), 8:30:56 (tape at 00:22:15), 8:32:09, (tape at 00:23:28) (“medium-length curly hair”; “medium-length curly hair”; “medium-length curly”; “OK, it’s going to be a slightly wavy just a tiny bit, it’s not going to be real curly”; “medium, wavy, ear-length hair”);

John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) at 1 (wavy, medium-length dark hair);

Mark Schauer, Corpus Christi Police Officer Supplementary Report (Undated) at 1 (“The bolo advised the suspect was a Hispanic male, mid- or early–20s, was around 5’9” wore dark pants and a flannel shirt . . . dark wavy, ear-length hair”);

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) at 256 (recalling his statement to police as the suspect having “wavy, medium length dark hair”).

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 64 (giving his own age as twenty-two).

See 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 53 (“We were told that it was a Hispanic male, approximately five, nine, I don’t remember the weight description, with dark pants and a possible grayish-looking shirt, a pullover shirt of some sort, sweatshirt was involved.”);

compare Baker’s description of the shirt, supra note 48, with Aguirre’s description, supra note 80.

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) at 92 (describing the man as wearing “a white shirt that was open, you know, because I could see the side of it, kind of flapping back a little bit, might not have been completely unbuttoned, but close to the bottom it was”; “the sleeve was rolled up, it was white, you know, blouse-style shirt, you know, something like what you [a lawyer in court] have on”; “white dress shirt”; “that type of shirt” (pointing to shirt worn by lawyer in court));

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) at 347;

supra notes 97–99; see also Bruno Mejia, Corpus Christi Police Officer, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 68–70 (testifying that he received different descriptions of the shirt, including a “gray type of shirt, possibly a sweatshirt type of shirt,” a “flannel type of shirt, that also being light-colored”, and a “white long sleeve shirt, untucked”);

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 318–19 (noting that police received “various descriptions of the shirt” the suspect was wearing: “Some people” thought it was a white shirt, “one person said that he thought he remembered seeing some red in the shirt”).

Note that the implication that there were conflicting descriptions of the shirt is only partly correct. Kevan Baker described the suspect as wearing two shirts at once—a grey sweatshirt underneath a flannel shirt or jacket with red in it, so that the difference between those shirts is not a discrepancy or disagreement. See Police Dispatch Tape, Corpus Christi Police Dep’t (Feb. 4, 1983) at 8:16:36 (tape at 00:07:55), 8:18:10 (tape at 00:09:29), 8:21:44 (tape at 00:12:03), 8:22:32 (tape at 00:13:51), 8:29:37 (tape at 00:20:56) (describing the suspect’s upper-body wear as “a flannel shirt and gray sweatshirt”; “gray sweatshirt, flannel shirt”; “Gray sweatshirt and a flannel shirt”; “wearing a flannel shirt and gray sweatshirt”);

supra notes 48, 80. On the other hand, George Aguirre initially described a white long-sleeve T-shirt, which may or may not be inconsistent with the grey sweatshirt that Baker described. See supra note 80. Finally, the Arsuagas (and also Aguirre in his later trial testimony) described a white button-down dress shirt. See supra notes 80, 97–99.

See supra note 144.

See John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Statement to Corpus Christi Police Dep’t (Feb. 4, 1983) (“[H]e was wearing a light colored shirt; dark colored slacks . . . .”);

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) at 68 (describing the man as “wearing dark slacks like a uniform-type with a light colored shirt, long sleeve”);

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) at 92 (describing “dark pants like, you know, work pants”; “a white shirt that was open, you know, because I could see the side of it, kind of flapping back a little bit, might not have been completely unbuttoned, but close to the bottom it was”; “the sleeve was rolled up, it was white, you know, blouse-style shirt, you know, something like what you [a lawyer in court] have on”; “white dress shirt”; “that type of shirt [pointing to lawyer in courtroom]”);

John Arsuaga, Witness to Man Running Near Shamrock Gas Station, Trial Test., Texas v. DeLuna, No. 83-CR–194-A at 243 (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 251, 256, 258 (“Q. How was he dressed that particular night when you saw him running across that parking lot? A. He had like uniform slacks on with a light colored, long sleeve shirt.”; “light colored shirt; dark colored slacks’”);

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) at 349:

Q. Were you able to see what kind of pants he was wearing or what color they were?

A. Uh-huh.

Q. What color were they?

A. I mean I can’t say the exact color, but they were either black or dark blue . . . .

Q. And what color was the shirt, if you recall?

A. White.

Q. Was it a T-shirt, a long sleeve shirt, what?

A. It was like a shirt that you [a lawyer in court] would wear with—kind of like—you know, a blouse and the sleeves were folded up and it was untucked and, you know, because I could see the side of it, you know, going beside him as he was running.

See supra note 96.

Chapter 2
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