HRLR
Los Tocayos Carlos
Chapter 4
Page: 6 of 9
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All Chapter 4 Footnotes

Wanda followed her attacker out. Stange and Gonzalez had already noticed the trail of her bloody footprints and blood drips from the counter opening to the front door where she collapsed, streaking the doorframe with blood.79

* * * * *

Stange could see what had happened. But he couldn’t understand why. What kind of robber would do this?80

The money the detective had asked about was another thing that confused Stange. Bills and rolls of change were scattered around.81 Stange knew it had come from the cash drawer because the key and drop-slot safes were locked and untouched.82

Everyone was thinking robbery, but when Stange got inside and saw all the money available and untaken, he was “awestruck,” as he later put it. It didn’t look like a robbery.83

Stange described his thinking to the out-of-town investigators: “When you enter a crime scene, and the cash drawer is open and there’s money lying around behind the counter, and when the individual has come over the counter and the area behind it is in disarray from a struggle. What part of that is a robbery?”84 The man stabbed Wanda while she was trying to hand him the money and then didn’t take it.85 It wasn’t about the cash, Stange concluded. The man went over the counter to get her. It was an “act of anger or violence,” but why?86

Afterwards, Stange recalled, there was a lot of talk around the Sigmor. Rumors swirled.87 Maybe the man was hoping to rob her and got angry when he realized she’d called the cops. But why not just leave? At that point, he hadn’t done anything wrong. And if he was determined to get the money, then why didn’t he just take it and leave?

There were also rumors about someone having it in for Wanda. Some said it was her ex-husband. “Supposedly,” Stange said, “there was a connection with the Mexican mafia, in relation to the perpetrator and to her husband through a jail contact.”88

Others thought it was some other ex-lover, someone more recent. Stange himself wondered if Wanda and the attacker had been together at some point.89 She had dated in the past,90 and lately there had been a new young man.91 Someone was jealous, people speculated, someone who didn’t want to let her go, who watched her from across the street at Wolfy’s. It was revenge.92 There were a lot of rumors, Stange said, but the police never looked into them.93

Stange and his boss told the detective there was too much money lying around to say if any had been taken. They had to do an inventory. The detective sent them back outside.94

* * * * *

Later that night Stange did an inventory,95 but it didn’t clear things up. Inventories were a simple process back then. Stange did one every week. His first step was to calculate the total value of all of the merchandise on hand: gasoline, candy bars, windshield fluid and the rest of it, plus all of the cash in the cash drawer, key safe, and drop slot safe. The last step was to see whether this week’s amount was the same as last week’s.96

In between, Stange added to this week’s amount the total of all bank deposits and credit card sales since the last inventory. That way, if he sold a loaf of bread or a tank of gas during the week, the loss in merchandise was made up for by the money received.97 He also subtracted the value of all new merchandise that came in and Sigmor was billed for that week. That way, if Pennzoil delivered twenty-four cans of motor oil the previous day, his count of all of the merchandise would square with the amount on hand when he did the previous inventory.98

See Crime Scene Photograph 25500003, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500004, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500012, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500014, Corpus Christi Police Dep’t (Feb. 4, 1983);

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

Crime Scene Photograph 25500021, Corpus Christi Police Dep’t (Feb. 4, 1983).

See infra notes 81–90.

Crime Scene Photograph 25500005, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500006, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500007, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500010, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500013, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500016, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500019, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500031, Corpus Christi Police Dep’t (Feb. 4, 1983);

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 284:

Q. Okay. When you walked inside the [store to get something to stanch Wanda’s bleeding], did you notice anything?

A. I noticed blood and money and stuff all over the place is the best way to put it.

Q. Did you notice money all over the place?

A. Yes, sir, that’s the best way to put it.

Q. Was it on the floor or counter or—

A. Well, I guess my impression of all over the place was on the floor, and blood.

Q. So, when you’re talking about money, you’re talking about bills rather than change?

A. Yes, sir, bills and paper towels and blood.

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:25:40–16:28:14, 16:29:08–16:29:55, 16:34:50–16:35:49, 16:39:50–16:40:30, 16:52:20–16:53:24, 16:59:27–17:01:30, 17:34:32–17:36:23 (describing the scene behind the counter: “There was rolls of change, and actually money on the floor. If I’m not mistaken there was still money in the cash drawer”; “[T]here was some money on the counter—change or bills—there was money on the floor. I do recall there being bills on the floor”; “[T]here were certainly bills that had obviously come out of the cash drawer that were available and were not taken . . . .”; “[T]he money was not all taken. It was scattered around the store . . . .”; “[T]here’s money laying around in the area behind the counter . . . .”; “I remember seeing money in the cash drawer . . . [and] some bills or change on the counter, like she tried to give this to him on the counter, and it was just totally passed over. There was bills [sic] on the floor like she’d taken it and . . . There was money everywhere like it wasn’t a robbery, like she tried to force the money on the perpetrator. But it wasn’t about money; it was about something else, because he didn’t take it.”; “The cash was available. It was there.”; “And you could see that she tried to give it to him, and it just wasn’t a robbery.”; “[W]e couldn’t determine that anything cash-wise had been taken because [of] the money there on the floor, it was on the register, it was on the counter, it was everywhere.”).

See 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 302–04 (describing the crime scene as the lead detective found it: “The keys to the safe are still in the door [to the safe].”);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:29:08–16:29:55, 16:48:20–16:48:40 (referring to bills on the floor that “had obviously come out of the cash drawer that were available and were not taken” and noting that neither the key safe nor the drop safe were tampered with during the robbery);

see also Crime Scene Photograph 25500010, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500031, Corpus Christi Police Dep’t (Feb. 4, 1983);

Crime Scene Photograph 25500036, Corpus Christi Police Dep’t (Feb. 4, 1983) (all showing the drop-slot and key safe, with no signs of entry or tampering).

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:28:14–6:29:55:

Even when Pete and I evaluated the scene. I remember the district manager coming over, Jim Manning, I remember him coming over. He stopped by, and he said, “What happened? Was it a robbery?” Pete and I are looking around, we’re seeing money on the floor, very easily accessible. I believe there was money in the cash drawer. We couldn’t understand that it was a robbery, because it wasn’t, because the money was still there. There was still money there . . . . I remember being confused, because everybody—I say everybody, the police—before they left, said that it was a robbery. We were discussing it outside as a robbery and something going wrong. But when we actually got into the location, I remember there being change on the floor. And I don’t remember the denominations, but there were certainly bills that had obviously come out of the cash drawer that were available and were not taken. So the strange thing is, if it was only a robbery, why was the money left? At some point it became a violent act.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:34:50–16:35:49:

There was something else involved. It wasn’t only my opinion at the time. Pete and I had discussed this . . . . And I remember conversations we had with other people. It just didn’t appear to be a robbery. There was something else that had taken place. It was investigated as a robbery, and it was a death, so that put it in as a capital offense. We were awestruck in that it just didn’t appear to be a robbery in what we’re used to seeing. When we’re used to seeing a robbery, they take the money. And in this case, the money was not all taken. It was scattered around the store, and that’s not a robbery.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:36:15–16:37:50:

I didn’t understand the aspect of being a robbery, because there was still cash. That part just did not make any sense. It just looked—The scene, it was in disarray. Behind the counter area, if I remember it correctly, there was certainly a struggle, and that’s why I had said earlier that it looked like it was anger. Because it just appeared to be more violent that just a robbery. You just ask for the money and get it. In this particular case, if you look back at the witness [Baker], from what he saw, or what I remember him saying, there was a close encounter with the perpetrator. It looked like they were together at some point. To me, it just did not sound like a robbery. It sounded more along the lines of just an act of anger or violence. I didn’t know, and I still don’t know, what it was really all about.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:39:50–16:40:30, 16:53:24–16:54–30, 16:56:10–16:58–45:

When you enter the crime scene and the cash drawer is open and there’s money laying around in the area behind the counter[,] . . . the individual has come over the counter and the area behind the counter is in disarray. It’s not just disorganized; there’s been a good struggle behind the counter. It doesn’t have an appearance of just a robbery. . . . After she’d been stabbed, there was handprints or there was blood handprints on the cash drawer, just as if, after she’d been stabbed—and that’s why I say it didn’t look like a robbery—because after she’d been stabbed it’s like she tried to give him the cash. It wasn’t about the cash because of that. As I recall now, she had handprints . . . the cash drawer was open, or she had opened it later, after she had been stabbed. That’s why I still contend that it wasn’t about a robbery.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 17:12:43–17:13:19, 17:34:32–17:36:23, 17:38:00–end:

Ok, there’s money scattered around, but you can’t determine that anything was really taken, so how can that portion be a capital offense when you’re not sure it’s anything other than just a killing? . . . [W]e couldn’t determine that anything cash-wise had been taken because [of] the money there on the floor, it was on the register, it was on the counter, it was everywhere. But he should have taken it. He hopped over the counter, a struggle, and he killed her, ultimately. And what part of that was a robbery? . . . [I]t kind of looked like a robbery, only because the drawer was open, which she would have opened and tried to give him or something. It may have looked like a robbery, but I just don’t believe it was.

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:39:50–16:40:30 (“When you enter the crime scene and the cash drawer is open and there’s money laying around and the area behind the counter[,] . . . the individual has come over the counter and the area behind the counter is in disarray. It’s not just disorganized; there’s been a good struggle behind the counter. It doesn’t have an appearance of just a robbery”);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:56:10–17:01:30:

After she’d been stabbed, there was hand prints or there was blood handprints on the cash drawer, just as if, after she’d been stabbed—and that’s why I say it didn’t look like a robbery—because after she’d been stabbed it’s like she tried to give him the cash. It wasn’t about the cash. . . . But in the final end, when Pete and I were looking at it, “You’ve got to be kidding.” For 20 dollars, for the minimal amount of money that it was, it wasn’t a robbery. The cash was available. It was there. And you could see that she tried to give it to him, and it just wasn’t a robbery. And that’s why I [said] earlier that it’s not about a robbery.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 17:34:32–17:36:23, 17:38:00–end of tape (“[W]e couldn’t determine that anything cash-wise had been taken because [of] the money there on the floor, it was on the register, it was on the counter, it was everywhere. But he should have taken it. He hopped over the counter, a struggle, and he killed her, ultimately. And what part of that was a robbery?”; “[I]t kind of looked like a robbery, only because the drawer was open, which she would have opened and tried to give him or something”).

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:52:20–16:58:45:

After she’d been stabbed, there was handprints or there was blood handprints on the cash drawer, just as if, after she’d been stabbed—and that’s why I say it didn’t look like a robbery—because after she’d been stabbed it’s like she tried to give him the cash. It wasn’t about the cash . . . . I remember seeing money in the cash drawer . . .[and] some bills or change on the counter, like she tried to give this to him on the counter, and it was just totally passed over. There was bills on the floor like she’d taken it and . . . There was money everywhere like it wasn’t a robbery, like she tried to force the money on the perpetrator. But it wasn’t about money; it was about something else, because he didn’t take it. . . . [S]he had handprints . . . [and] the cash drawer was open, or she had opened it later, after she had been stabbed. That’s why I still contend it wasn’t about a robbery.

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:26:16–16:28:14, 16:29:08–16:29:55, 16:34:50–16:35:49 (“If you come in to rob somebody, you’re going to take all the money. At some point, that changed, because money was still there. It wasn’t about the money.”; “So the strange thing is, if it was only a robbery why was the money left? At some point it became a violent act.”; “There was something else involved. It wasn’t only my opinion at the time. Pete and I had discussed this . . . . And I remember conversations we had with other people. It just didn’t appear to be a robbery. There was something else that had taken place.”);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:36:15–16:37:50:

It just looked—The scene, it was in disarray. Behind the counter area . . . there was certainly a struggle, and that’s why I had said earlier that it looked like it was anger. Because it just appeared to be more violent than just a robbery. [In a robbery], you just ask for the money and get it. In this particular case, if you look back at the witness [Baker], from what he saw, or what I remember him saying, there was a close encounter with the perpetrator. It looked like they were together at some point. To me, it just did not sound like a robbery. It sounded more along the lines of just an act of anger or violence.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:52:20–16:53:24 (“I remember seeing money in the cash drawer . . . [and] some bills or change on the counter, like she tried to give this to him on the counter, and it was just totally passed over. There was bills on the floor like she’d taken it and . . . There was money everywhere like it wasn’t a robbery, like she tried to force the money on the perpetrator. But it wasn’t about money; it was about something else, because he didn’t take it.”);

see also Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 17:38:00–end (“[I]t kind of looked like a robbery, only because the drawer was open, which she would have opened and tried to give him or something. It may have looked like a robbery, but I just don’t believe it was.”).

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 17:33:05–17:34:32) (“There was always speculation: through the neighborhood, rumor. Nothing really concrete.”).

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:34:50–16:35:49 (“There was something else involved. It wasn’t only my opinion at the time. Pete and I had discussed this. . . . And I remember conversations he had with other people. It just didn’t appear to be a robbery. There was something else that had taken place.”);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005), at 17:33:05–17:36:35:

There was always speculation: through the neighborhood, rumor. Nothing really concrete. Was it even investigated? I don’t believe it was. Her husband, or ex-husband, the same man who fathered the child, had spent either time in jail, county jail, prison, something. . . And he had supposedly made statements that he was going to get Wanda, that he would never let her go. And supposedly there was a connection with the Mexican mafia, in relation to the perpetrator and to her husband through a jail contact. And that the killing was revenge for her husband, or ex-husband . . . That’s what speculation was. And it was always in question whether the police ever even looked into that fact. . . . [W]e couldn’t determine that anything cash-wise had been taken . . . [b]ecause [of] the money there on the floor, it was on the register, it was on the counter, it was everywhere. But he should have taken it. He hopped over the counter, a struggle, and he killed her, ultimately. And what part of that was a robbery? . . . And we’re probably never going [to] know what that connection was, or if there was one.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:36:15–16:37:50 (“[T]hat’s why I had said earlier that it looked like it was anger. . . . It looked like they were together at some point. To me, it just did not sound like a robbery. It sounded more along the lines of just an act of anger or violence. I didn’t know, and I still don’t know, what it was really all about.”).

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:34:50–16:35:49:

There was something else involved. It wasn’t only my opinion at the time. Pete and I had discussed this . . . . And I remember conversations we had with other people. It just didn’t appear to be a robbery. There was something else that had taken place. . . . [W]e couldn’t determine that anything cash-wise had been taken because [of] the money there on the floor, it was on the register, it was on the counter, it was everywhere. But he should have taken it. He hopped over the counter, a struggle, and he killed her, ultimately. And what part of that was a robbery?

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 17:33:05–17:36:35:

There was always speculation: through the neighborhood, rumor. Nothing really concrete. Was it even investigated? I don’t believe it was. Her husband, or ex-husband, the same man who fathered the child, had spent either time in jail, county jail, prison, something. . . And he had supposedly made statements that he was going to get Wanda, that he would never let her go. And supposedly there was a connection with the Mexican mafia, in relation to the perpetrator and to her husband through a jail contact. And that the killing was revenge for her husband, or ex-husband . . . That’s what speculation was. And it was always in question whether the police ever even looked into that fact. . . . [W]e couldn’t determine that anything cash-wise had been taken . . . [b]ecause [of] the money there on the floor, it was on the register, it was on the counter, it was everywhere. But he should have taken it. He hopped over the counter, a struggle, and he killed her, ultimately. And what part of that was a robbery? . . . And we’re probably never going [to] know what that connection was, or if there was one.

See also Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez in Corpus Christi, Texas (Dec. 8, 2004) at 04:56:27–04:59:12:

They [Becky’s parents] knew that we [she and Wanda] always went out together riding and things like that. . . . They didn’t want me to be spending so much time with her. She [Wanda] was older, and I was separated, and she had a lot of friends, and they didn’t want me to fall into that category, to have a bunch of friends, male friends like she did. So . . . they loved her, but they just didn’t want me to have many friends like she did. So I was discouraged at the time, right before her death, not to spend so much time together . . . . [S]he did have a lot of male friends. And she was single, so she’d come and go as she pleased, and my father and my brother didn’t want me to walk in those same shoes. . . . She . . . would go to nightclubs, but I wasn’t old enough at the time.

Transcribed Videotape Interview with Becky Nesmith, Cousin of Wanda Lopez in Corpus Christi, Texas (Dec. 8, 2004) at 05:00:03–05:05:05:

It was rare that we [Wanda and Becky] went somewhere else, other than just our house, her house maybe, her parents’ house, or my house. There was an occasion where Wanda and I ended up at some friend of hers. I want to say it was maybe a mobile home. I don’t remember any houses next to it. It seemed like maybe it was on a piece of land by itself, maybe. And there was friends, I assume they were friends of hers, or friends of the male friend she was with. And they were older than I was. I was still a teenager, and I felt uncomfortable being there. So Wanda’s friend, I don’t know who he was, I don’t remember, but he took us out of there and we left. . . . [T]there were a lot of people . . . and drinking. I just didn’t feel comfortable with the older crowd and, although I did drink, it just didn’t feel right.

Sita Sovin & Lauren Eskenazi’s Notes on Interview with Becky Nesmith, Cousin of Wanda Lopez (Oct. 26, 2004) at 3 (“Once Becky went to Port L[o]vaca with Wanda and her boyfriend to a party. It was in a trailer and there were lots of people there ‘partying.’ It made Becky feel very uncomfortable. It was a tough crowd.”);

Bruce Whitman’s Notes on Interview with Becky and Jesse Nesmith, Cousins of Wanda Lopez (Sept. 28, 2004) at 1–2:

In 1982 Becky and Wanda started “hanging out” together. Wanda was not married at the time and had a daughter about the same age as Becky’s daughter. Becky was born in 1964. Wanda was 7–8 years older than Becky but they both had children about the same age and both had a history of bad relationships with men. These shared characteristics brought them together and served as the foundation for their friendship. Becky and Wanda hung out together and shared their problems with one another. Becky’s father owned a duplex and lived in one side of it. Becky rented the other side of the duplex and Wanda often visited her there. Sometimes they bought liquor and mixer and drank while they “cruised Ayers [Street]” visiting and talking about their problems. . . . Soon Becky’s father and older brother took Becky aside and told her that she should stop hanging out with Wanda.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 17:26:24–17:27:44 (“You know, I believe I met [the man Wanda was dating]. I remember the funeral . . . . Somebody was standing, a male figure, and that might have been her boyfriend, but I don’t know.”).

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005), at 17:33:05–17:36:35:

There was always speculation: through the neighborhood, rumor. Nothing really concrete. Was it even investigated? I don’t believe it was. Her husband, or ex-husband, the same man who fathered the child, had spent either time in jail, county jail, prison, something. . . And he had supposedly made statements that he was going to get Wanda, that he would never let her go. And supposedly there was a connection with the Mexican mafia, in relation to the perpetrator and to her husband through a jail contact. And that the killing was revenge for her husband, or ex-husband . . . That’s what speculation was. And it was always in question whether the police ever even looked into that fact. . . . But he spent some time across the street watching her and waiting for an opportunity to come in. All that, plus the fact that we couldn’t determine that anything cash-wise had been taken . . . [b]ecause [of] the money there on the floor, it was on the register, it was on the counter, it was everywhere. But he should have taken it. He hopped over the counter, a struggle, and he killed her, ultimately. And what part of that was a robbery? . . . And we’re probably never going [to] know what that connection was, or if there was one.

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 17:33:05–17:36:35.

See Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:23:37–16:25:40, 16:25:40–16:26:16, 16:26:16–16:28:14, 17:34:32–17:36:23 (“Before they totally finished, they wanted an idea how much money was taken, because there was money on the floor. There was rolls of change, and actually money on the floor. If I’m not mistaken there was still money in the cash drawer.”; “They wanted to know the value of what was taken. Could we determine, that night, what was taken? And I don’t believe we could determine what was taken, not while the police were there. We had to perform an inventory of the store to determine how much cash, merchandise was actually missing.”; “[W]e couldn’t determine that anything cash-wise had been taken because [of] the money there on the floor, it was on the register, it was on the counter, it was everywhere.”);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 17:24:20–17:26:10 (discussing the “very short period of time after” Stange and Gonzalez were asked to view the inside of the store to see what was missing and before the police turned the store back over to them for good while they waited “by ourselves” outside).

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:59:27–17:01:30 (“From the time the robbery happened and the police arrived . . . the store was closed. We remained closed all night. Inventory was done that evening.”).

Shamrock Inventory “Re-check” Photo P2170097, Vargas v. Diamond Shamrock, No. 84–4951-D, 86–5900-D (Nueces Cty., 105th Dist. Tex. Feb. 5, 1983);

Diamond Shamrock Station Sigmor #47, Consolidated Operating Report (Feb. 4–5, 1983) (reporting total cash at end of that day as $1,655.27; total credit cards as $1,095.30; total receipts paid out as $292.76; total inside business of day as $449.96; regular gas sales as $1,066.86; unleaded gas sales as $10,001.95);

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:30:12–16:32:14 (“Everything [in an inventory] was done by a physical count. It was a time when there wasn’t a thousand items in the store. It [the list of items] was 14 pages. And everything was done line by line: Miller Light, Coors, 6-packs. You tallied it up, you took in what you received, and then you got a quantity of each item. That included candy bars, spark plugs, oil filters, bags of ice, everything.”).

Transcribed Videotape Interview with Robert Stange, Shamrock Gas Station Manager, in Fredericksburg, Texas (Feb. 24, 2005) at 16:30:12–16:32:14:

We did inventory that location. The police have gone, the police have left. They left us in charge of the location at that point. They’ve released the location back to us. I remember Jim Manning showing up at that time. He was the district manager, and he’s trying to ascertain what had happened. We know Wanda’s not there, and we have to ascertain how much money was taken. There was blood on the counter, the floor, the rug, the windows, it was everywhere. But the overriding thought was Wanda, so Pete and Jim left for the hospital. They each had a car but they took one vehicle. I was asked to ascertain how much money was taken. It was difficult to tell, because at the time we didn’t use cash registers, we just used a cash drawer. We used a calculator and a tax chart to figure up what people bought. We knew what the [gas] pumps were. . . . After they came back from the hospital and said that she didn’t make it, and that they needed to go back to the office and do paperwork and make contacts, they needed to know the amount of loss. . . . Pump readings were taken . . . . Everything was done by a physical count. It was a time when there wasn’t a thousand items in the store. It [the list of items in the store] was 14 pages. And everything was done line by line: Miller Light, Coors, 6-packs. You tallied it up, you took in what you received, and then you got a quantity of each item. That included candy bars, spark plugs, oil filters, bags of ice, everything.

See Diamond Shamrock Station Sigmor #47, Consolidated Operating Report (Feb. 4–5, 1983) at 4.

Chapter 4
Page: 6 of 9