HRLR
Los Tocayos Carlos
Chapter 3
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All Chapter 3 Footnotes

The cops surrounded Baker and walked him over to the patrol car. They had a young man in the backseat of a squad car without a shirt, his hands cuffed behind his back. "Is this the guy you seen?," the lieutenant asked.23 "It was really tough, you know," Baker recalled, "saying yes or no." But the police were waiting, the crowd was watching, and "it seemed like the right guy." So he said it was.24

It was tough later on, too, when they asked him to identify DeLuna in court. "But" as Baker told the private eye, the guy at the squad car "was Hispanic," like the man he'd seen running out of the store. "Whether I was right or wrong . . ." he began. Then his voice trailed off.

"But it just seemed right," he said, finally. "That's kind of the way I went."25

* * * * *

Twenty-four-year-old Mark Schauer was the officer who had arrested and handcuffed DeLuna and driven him over to the Shamrock station. It was 8:49 p.m. when Schauer reported that he had the stabbing suspect in the rear seat of his squad car and "was transporting him back to the crime scene."26 At the time, Schauer's car was at Nemec and Franklin Streets,27 near the police staging area for the last part of the manhunt, and only 875 feet from the Sigmor along Nemec and Dodd.

For reasons Schauer never fully explained, it took him fifteen minutes to arrive. He reached the gas station at five past nine.28

During the ride to the gas station and thereafter, Schauer reported, DeLuna "was not silent even for a moment."29 The suspect asked what he was being charged with. He said, "'Hey, man, you take care of me and I'll take care of you.' He said this over and over."30

* * * * *

For the preceding forty minutes, the cops had made Baker, Aguirre, and the Arsuagas remain at the ice machine outside the east wall of the store.31

The machine was a few feet from the front corner of the store.32 For the first half hour, they stood there with a direct view of Wanda on the sidewalk outside the door, maybe twenty-five feet away.33 They watched the medics work on her.

To their left, as they watched, were the gas station parking lot, the frontage road, and the South Padre Island Drive (SPID) highway beyond. To their right was a narrow passageway between the brick eastern wall of the store and a storage shed. The passageway led past the ice machine to a grassy area behind the store.34 The temperature was in the mid-fifties, cold by Corpus Christi standards.35 An eighth of an inch of rain had fallen that morning,36 and there were some damp stains on the pavement. Most of the moisture had evaporated, though, and the grass was firm.37

Patrol cars were scattered around the station, lights flashing.38 Officers roamed the area. Joel Infante, a police photographer, arrived, followed by Olivia Escobedo, a police detective dressed in a fashionable white raincoat and high-heeled leather boots.39 The two waited in the parking lot while the medics worked on Wanda, blocking access to the store.40

TV trucks from the local stations pulled into the southeast side of the parking lot and started filming.41 Traffic slowed on the frontage road, and people were gawking.42 Some parked and got out to look.43 There were several dozen onlookers, many in the Wolfy's parking lot across Dodd.44 They watched the techs work on Wanda and wondered how a clerk behind the counter could have gotten stabbed. This was the first convenience store killing in Corpus that anyone could remember.45

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 2:14–3:00:

They brought a gentleman back in the back seat of a car without a shirt on.“Is this the guy you seen?” And it was really tough, you know. I said this in court. It was really tough saying yes and no, but it seemed like the right guy. And in court of course, he was in a nice suit and tie, and “is that the gentleman?” It was still tough as an eyewitness, ‘cause I didn’t catch his height. But he was Hispanic. Whether I was right or wrong—[He pauses for a couple seconds.] But it just seemed right. That’s kind of the way I went as my instincts told me, I guess.

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 2:14–3:00.

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 2:14–3:00.

Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Undated) at 2 (“I read the suspect the Miranda Warning at 8:49 p.m. as I was transporting him back to the crime scene.”);

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 110 (giving Schauer’s age in July 1983 as twenty-four).

See 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 115−16:

A. Yes, she [the witness who telephone the dispatcher] said a suspect had been seen or a subject had been seen running from an area, say, west of Franklin towards Franklin, there had been a subject seen running between houses, different people had called and that someone has seen him lying under trucks.

Q. Somewhere on Franklin Street; is that correct?

A. Towards—in that area. In that area.

Q. Was there any other suspect seen at any other area, so far as you know?

A. Not to my knowledge.

Q. Did the dispatcher disseminate any information regarding other suspects in other areas other than the one on Franklin?

A. No.

Q. Now, when you to—how is it that you came upon Sergeant—Deputy Constable Rivera?

A. I parked my unit down here by Nemec and I got out and I started walking between houses toward Franklin Street. [Indicating.] I climbed over a fence here, and as I landed on the ground I hear Constable—I heard the constable yell out for help . . . .

See Police Dispatch Tape, Corpus Christi Police Dep’t (Undated) at 8:51:28 (tape at 00:42:47) (responding to a question from the commanding officer about whether the officers have DeLuna in “custody on Nemec”: “Yes, sir, as of now we do.”);

see also Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Undated) at 1–2 (“I read the suspect the Miranda Warning at 8:49 p.m. as I was transporting him back to the crime scene. . . . As I was transporting him [DeLuna] back to the crime, scene, I then again read him his rights at 9:05 p.m., at his request. Both times he said he understood what I read to him.”);

Mark Schauer, Corpus Christi Police Officer, Pretrial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. June 20, 1983) (testifying that he (Schauer) parked his squad car at Franklin and Nemec, helped Rivera pull DeLuna out from under the car, brought DeLuna back to his squad car, then moved the car on Nemec “a little bit past Franklin to get away from all the activity that was still going on there, stopped the car and I read him his rights there”);

cf. 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 117–20 (estimating that it took him 10 minutes to drive DeLuna back to the gas station).

In regard to the distance from Nemec and Franklin to the gas station, see http://maps.google.com/maps?saddr=nemec+st+and+franklin+st&daddr=27.7347,-.97.42222+to:Nemec+St+to:Nemec+St+to:Dodd+St&hl=en&sll=27.735143,-97.423153&sspn=0.001994,0.002521&geocode=FRcxpwEdv3cx-imDmobR819ohjElq1QC_Xbdsg%3BFawypwEddHQx-inH0A7V819ohjHd_W6KCJAwZQ%3BFcoypwEdNXQx-g%3BFW40pwEdvnAx-g%3BFXcypwEdbW8x-g&mra=dme&mrsp=4&sz=18&via=1&dirflg=w&t=h&z=18 (last visited Feb. 13, 2012).

Mark Schauer, Corpus Christi Police Dep’t, Officer Supplementary Report (Undated) at 2 (“The subject . . . kept talking and constantly asked me questions, and often asked me the same questions again and again even though I answered him each time.”);

Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Feb. 8, 1983) at 2–3:

He continually asked me these same questions over and over during the short drive to the crime scene and he was not silent for even a moment. . . . He talked continually during transport also at the booking desk. . . . Before I transported him back to the crime scene, I read him the Miranda Warning (at 8:49 p.m.) and he interrupted me several times and said, “Yeah, I know, I know” and even recited several lines of the warning with me. He talked very fast and asked, “Hey, can I ask what I’m being arrested for, man?” “Hey, what am I charged with, man?” “Hey, man what’s the charge?” He asked me these questions before I read him his rights and also after, even when I told him what the charges were (at this time I told him aggravated robbery and murder) [sic: WL wasn’t pronounced dead until an hour later]. . . . .When we arrived at the scene I parked the car behind some other vehicles so the scene could not be observed from the car. 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.” He talked continually during transport and also at the booking desk. I asked him a number of times to calm down and wait a minute so I could finish my reports while waiting for I.D. to come to the booking desk, and he would reply “all right, all right” and then say something and ask another repetive [sic] question. I answered his questions as best I could but he would ask the same one over again. He also asked me to get cigarettes no less than ten times in five minutes and then again and again after that.

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 109–15 (testifying that, from the time he was apprehended through the booking procedure, DeLuna “was very talkative”; 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. . . . He was very talkative. He wouldn’t shut up. Q. Did you try and get him to shut up? A. Yeah, he wanted some cigarettes and I promised him some cigarettes if he would just be quiet enough long enough to let me just get my report done because I had to wait for ID to come up and photograph him and everything.”; later, Schauer brought DeLuna cigarettes, and he “calm[ed] down” but after that, “he was very hyperactive, moving around very hyper, very hyper, very talkative.”);

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 128–29, 134–35 (after being apprehended, DeLuna was “hyperactive and . . . very talkative . . . he kept asking me repetitive questions, he kept asking me for cigarettes or he kept asking me different questions about this or that. . . . [A]fter I got all through with my paperwork and I booked him and I was ready to go home, on my way home I stopped at the Seven Eleven Store at Staples and Leopard and bought him a pack of cigarettes and took them back to him.”).

Mark Schauer, Corpus Christi Police Officer, Supplementary Police Report (Feb. 8, 1983) at 2;

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

see 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.”).

See 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 43 (describing that witnesses were located near ice machine outside store);

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 48, 53 (“Q. And where did you go to get the witnesses? A. The witnesses were in this area out here in the parking lot. (indicating) Q. Okay. That would be the east side of the parking lot? A. It would.”);

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 277−78, 283−85 (“We were standing over on the east side of the building, the few people that did see what went on.”);

Transcribed Audiotape Interview with Kevan Baker, Eyewitness to Attack on Wanda Lopez, in Jackson, Mich. (Nov. 22, 2004) at 20:00–21:37, 23:00–24:54, 33:32–34:30 (describing witnesses’ “collaborating” and summarizing Aguirre’s story of what happened that night, as told to Baker by Aguirre while they were standing together);

see also supra note 16; supra Chapter 2, notes 73–74, 134–135, 153–154.

Crime Scene Photograph 25500026, Corpus Christi Police Dep’t (Feb. 4, 1983) (showing George Aguirre near the ice machine).

Crime Scene Photograph 25500029, Corpus Christi Police Dep’t (Feb. 4, 1983) (photo of witnesses watching medics work on Wanda Lopez, on the ground, with Olivia Escobedo facing the witnesses, with her back to the victim);

see also Def’s Ex. 1, Vargas v. Diamond Shamrock, No. 84–4951-D, 85–5900-D (Nueces Cty., 105th Dist. Tex. June 3, 1988);

Crime Scene Diagram, Corpus Christi Police Dep’t (Feb. 4, 1983) (reproduced infra Figure 5). According to a police diagram of the scene, the distance from the front of the store to the pumps is 17.6 feet. Based on this measurement and the aerial photograph, the ice machine is 25 feet or less from the doorway.

Crime Scene Photograph 25500026, Corpus Christi Police Dep’t (Feb. 4, 1983).

The Old Farmer’s Almanac, http://www.almanac.com (last visited Feb. 13, 2012) (showing weather for Corpus Christi on February 4, 1983 as 54.9–68.0 degrees Fahrenheit; 0.12” precipitation; 50.4 dew point).

The Old Farmer’s Almanac, http://www.almanac.com (last visited May 2, 2012); see infra Chapter 10, notes 77–79 and accompanying text & Figure 24; infra Chapter 13, notes 45, 82, 169 and accompanying text.

See Crime Scene Photograph 25500023, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500025, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500029, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500032, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500034, Corpus Christi Police Dep’t (Feb. 4, 1983).

Crime Scene Photograph 25500023, Corpus Christi Police Dep’t (Feb. 4, 1983) (showing police, fire department, and towing vehicles at crime scene);

Pete Gonzales, Shamrock Gas Station Area Supervisor, Trial Test., No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 15, 1983) at 165−66 (testifying that he arrived at the station and “found the place completely engulfed with police cars”);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Tex. (Feb. 24, 2005) at 15:51:30–15:53:00 (recalling that there were a number of police cars at the gas station);

see Eddie McConley, Corpus Christi Police Lieutenant, Trial Test., Texas v. DeLuna, No. 83-CR–194-A (Nueces Cty., 28th Dist. Tex. July 18, 1983) at 289 (“Q. Now, when you arrived there, were there other police officers already on the scene? A. Yes, sir. . . . When I arrived on the crime scene, Sergeant Fowler, who worked for me, was already on the crime scene, he had a reserve partner with him . . . . Officer Mejia, Unit 127, was also on the scene . . . . I posted Reserve Officer McCoy . . . directly in front of the front doors.”);

see also Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Tex. (Feb. 24, 2005) at 15:30:00–15:31:27:

I got the call [from police to go to the gas station], I wasn’t sure what happened, but I flew out the door and got there as quick as I could. My supervisor, Pete Gonzales, was already there, I believe he had just gotten there. I believe there was an ambulance on site, I believe they were pulled in on the other side of the store. There was police in and around and there was other people lingering around. And the police were talking to certain people. I went over to Pete and asked him what was going on, and he told me Wanda had gotten hurt, or she’d gotten stabbed, and they didn’t know her condition at that point.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Tex. (Feb. 24, 2005) at 15:36:36–15:38:06 (“Q. How many people were around? A. It’s really hard for me to say. I know there was three or four police cars. There were people driving along real slow on the frontage road, and in the cross street, trying to figure out what was going on. There was three or four police cars at that point. There were crime scene people that were doing fingerprinting that were coming in and out of the building.”);

Bruce Whitman’s Notes on Interview with Pete Gonzalez, Shamrock Gas Station Area Supervisor (Sep. 23, 2004) at 1:

He [Gonzales] arrived at the DS [Diamond Shamrock Sigmor] just as the ambulance was leaving. There were people everywhere, must have been 20–50 people standing behind where the police had sealed off an area which included from corner to corner of the station and the gas pumps. People had gathered from Wolfy’s and another bar that was a block or two to the east of the station [the bar that the Arsuagas were going to]. There were police and private cars everywhere when Pedro [aka Pete] arrived. . . . The store manager Robert Stange was at the scene when Pedro arrived.

See Corpus Christi Police Dep’t, Ambulance Service Dispatch Report No. 00980 (Feb. 4, 1983) at 1 (stating that time of arrival at the gas station was 20:16, and departure time was 20:40);

Corpus Christi Police Dep’t, Supplementary Call Card #4 (Feb. 4, 1983) at 1 (D.A. records set B-1 at 7) (revealing that Officer “239”, Joel Infante, was dispatched at 8:16, arrived at the gas station at 8:31, and finished his work at the crime scene in time to return to police headquarters by 9:44);

Joel Infante, Corpus Christi Police Identification Technician, Field Investigation Report (Feb. 4, 1983) at 1 (noting that Sergeant Infante was dispatched at 8:16 and arrived at 8:31);

Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report (Feb. 5, 1983) (noting that Detective Escobedo arrived after Infante but before the ambulance left, placing her arrival between 8:31 and 8:40 p.m.);

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:

Although I specialized in investigating sex crimes, 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. As the lead investigator, my first responsibility was to secure the crime scene.

See Olivia Escobedo, Corpus Christi Police Detective in Wanda Lopez and Dahlia Sauceda Cases, Supplementary Report at 1 (Feb. 5, 1983):

[O]n 02–04–83 reporting officer reported to the scene of an aggravated robbery at Sigmor Service Station at 2602 SPID, time of arrival was approximately 8:15 p.m. at the time of the arrival I observed that AID ambulance attendants were administering first aid to a Hispanic female, who I observed to be barefooted. . . . At the time she left the scene I learned she was in critical condition. . . . Sgt. Infante of the ID section was on the scene which has been secured and sealed by Patrol, and after the victim had been removed, Sgt. Infante did then process the door for prints.

See also Steve Mills & Maurice Possley, ‘I Didn’t Do It. But I Know Who Did,’ New Evidence Suggests a 1989 Execution in Texas Was a Case of Mistaken Identity, First of Three Parts, Chi. Trib., June 25, 2006, http://www.chicagotribune.com/news/chi-tx-1-story,0,653915.story?page=4 (“After Lopez was taken to the hospital, evidence technician Joel Infante and Detective Olivia Escobedo began processing the crime scene, a task that was completed in about an hour.”). For Escobedo’s appearance, see Crime Scene Photograph 25500019, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500022, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500029, Corpus Christi Police Dep’t (Feb. 4, 1983).

KZTV Channel 10, Feb. 4, 1983 Archive Tape on Wanda Lopez Homicide, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. 1988) screen shot 2 (reproducing scene by scene footage from KIII-TV Channel 3, KRIS-TV Channel 6, and KZTV Channel 10).

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Tex. (Feb. 24, 2005) at 15:37:15–15:38:06 (“There were people driving along real slow on the frontage road, and in the cross street, trying to figure out what was going on.”).

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) at 234 (testifying that there were a lot of “other people that were trying to see what had happened” and “a lot of [cars]”).

Bruce Whitman’s Notes on Interview with Pete Gonzalez, Shamrock Gas Station Area Supervisor (Sep. 23, 2004) at 1 (estimating crowd of onlookers at between 20 and 50);

see also 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) at 234 (testifying that at the gas station there were “a lot of [cars]” parked there, including “police” and “other people that were trying to see what had happened”);

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 . . . .”);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Tex. (Feb. 24, 2005) at 15:30:00–15:31:20, 15:49:30–15:50:18 (when Stange arrived at the Sigmor that night, “there was police in and around and there was other people lingering around”; “people . . . were milling around the [gas station] parking lot.”).

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Tex. (Feb. 24, 2005) at 15:31:27 (“[W]e were trying to figure out what could have happened, what did happen. We were trying to understand how she could be stabbed. . . . It was the first death in a convenience store for Corpus Christi. And so there was a whole lot of ‘What just happened here?’”).

Chapter 3
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