HRLR
Los Tocayos Carlos
Chapter 3
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All Chapter 3 Footnotes

Schauer and DeLuna were at the Sigmor for less than five minutes.129 Immediately after Baker and Aguirre identified the suspect, Schauer took him to the police station. Before he transported DeLuna, Schauer reported, "the suspect . . . said, 'I didn't do it, but I know who did. I know who did.'"130

"[A]gain and again, he said 'I'll help you if you help me.'" He kept asking to speak with a sergeant, and he "kept trying to make deals."131

At the police station, DeLuna answered all the questions the cops put to him. No one asked if he committed the crime, or if he knew who did.132

In the meantime, the tragic news that Wanda Lopez had died came in from the hospital.133 Schauer booked Carlos DeLuna for capital murder.134

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. Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);

  10. Dorothy Gomez, Attending Nurse at Hospital Where Wanda Lopez Died, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983);

  11. Pete Gonzales, Shamrock Gas Station Area Supervisor, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983):

  12. Eddie McConley, Corpus Christi Police Lieutenant, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983);

  13. Eddie McConley, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983);

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

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

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

  17. 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);

  18. 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);

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 131−32 (testifying that the whole process took “less than five minutes.”).

Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Feb. 8, 1983) at 2 (“The suspect said ‘Hey, man, you take care of me and I’ll take care of you.’ He said this over and over and also kept asking to speak with a sergeant. . . . Before I transported him to the city jail, the suspect also said, ‘I didn’t do it, but I know who did,’ and again and again he said ‘I’ll help you if you help me.’”);

Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 109–115 (“[DeLuna] repeatedly asked to talk to a sergeant. He kept saying, ‘Hey, man, you take care of me and I’ll take care of you.’ He kept saying that quite often. And at least one time he said, ‘I didn’t do it, but I know who did do it. I know who did do it.’ And also he kept saying, ‘I’ll help you if you’ll help me.’ . . . Kept saying those things over and over.”);

see also Handwritten Note on Manila File Folder in District Attorney’s File (“[Officer Robert H.] Varagara heard [defendant DeLuna] say you help me etc.”);

James S. Liebman’s Notes on Interview with Robert Veregara, Corpus Christi Police Officer (Nov. 2, 2005) at 1 (“I showed him the spelling that was on the note in the DA’s folder we saw—“Veregara”—and he said it was him.”).

Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Feb. 8, 1983) at 2 (“The suspect said ‘Hey, man, you take care of me and I’ll take care of you.’ He said this over and over and also kept asking to speak with a sergeant. . . . Before I transported him to the city jail, the suspect also said, “I didn’t do it, but I know who did,’ and again and again he said ‘I’ll help you if you help me.’”);

Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 110–115 (“[DeLuna] repeatedly asked to talk to a sergeant. He kept saying, ‘Hey, man, you take care of me and I’ll take care of you.’ He kept saying that quite often. And at least one time he said, ‘I didn’t do it, but I know who did do it. I know who did do it.’ And also he kept saying, ‘I’ll help you if you’ll help me.’ . . . Kept saying those things over and over.”; at the police station, DeLuna “was very talkative again, he kept trying to make—kept trying to make deals.”).

Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Feb. 8, 1983), at 3:

The suspect originally refused to answer arrest sheet questions during transport . . . however, I did answer his questions and he finally cooperated and andwered [sic] all arrest sheet questions. I had the wad of [cash] bills [found in DeLuna’s pocket] rolled up and lying on the table hwere [sic] the suspect could see them. I pointed to them and asked, “How much money did you have there?” . . . . He then replied, “About 110, 115.” . . . I also asked him what he was doing in that area when I arrested him. He replied that he was buying beer at a location near . . . Ayers [Ayers St. is located just west of Wolfy’s, which was just west of the Sigmor gas station] and that the police had chased him for no reason. During transport I had asked him if he had been drinking, and the suspect replied that he had “[2] beers.”

Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) at 113–15 (testifying that he [Schauer] “ask[ed] him [Carlos DeLuna] what he was doing in that area,” to which CDL responded that “he had been out there with some friends at a—at a—he had bought some beer or something somewhere near K-Mart.”);

see also Tamara Theiss’s Notes on Interview with Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases (Feb. 27. 2005) at 2–3 (reporting lead detective’s recollection that “I didn’t really have contact with DeLuna [after he was arrested]. First I was too busy working on the crime scene, then later at the Sheriff’s Department, DeLuna was mirandized and wouldn’t talk to anyone. That’s why I didn’t interrogate him.”).

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 6:55–8:02 (“[L]ater that night, before I even got out of the Corpus Christi Police Department, we had already got the report that she died”);

see also Wanda Lopez Medical Chart, Memorial Medical Center (Feb. 4, 1983) (reporting that Wanda Lopez was pronounced dead at 9:55 p.m.);

Steven Fowler, Corpus Christi Police Sergeant, Supplementary Report (Feb. 4, 1983) at 3 (stating that he arrived at the hospital at 9:52 p.m. and was informed that the victim had expired);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (“[A]t the time she [Wanda Lopez] left the scene [in an ambulance, she] was in critical condition. I learned later, sometime around 10:00 p.m. that the woman had died at MMC sometime around 9:30 [the typed ‘9:30’ is edited in ink to say ‘9:50 p.m.’].”).

Compare Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983) at 2 (stating that Wanda Lopez was “DOA” as of “20:44:30”)

with Dorothy Gomez, Attending Nurse at Hospital Where Wanda Lopez Died, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 187 (stating that physicians at the hospital worked on Lopez for a time before declaring her dead at 9:55).

Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Undated) at 2 (noting that, after escorting Aguirre back to the ice machine area, “Lt. McConley returned and advised me to arrest the subject and book him at the city jail.”).

Chapter 3
Page: 10 of 12