The images were made ten weeks apart, just before and after the Lopez killing at the Sigmor. Carlos DeLuna was in his usual white long-sleeved dress shirt, his face shaven, his thick wavy hair kempt. Carlos Hernandez was in a tank-top t-shirt, his face unshaven, his thick wavy hair uncombed.
When Detective Eddie Garza saw pictures of the two Carloses mixed together without identifying information, he was struck by how similar the men in the photos looked.124 He identified a photo of DeLuna as Hernandez at a younger age.125 After studying the pictures for a while, he thought he saw a slight difference in the eyes.126 Even then, he couldn't say for sure that he was looking at more than one person.127
The resemblance between Hernandez and DeLuna is particularly striking in profile. Kevan Baker, the sole eyewitness to the crime, only got a close look at the assailant as the man turned left and fled, exposing his right profile.
Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:19:12–00:20:17:
Q. Eddie, I've handed you a picture. Could you identify the photos? A photo, a picture of two men. Do you know these men?
A. (holds up a photo of two men's faces, points to the face on the right side of the photo) I know this guy. This is Carlos Hernandez. (points to the face on the left) This picture is similar to Carlos Hernandez, maybe it was when he was younger or something like that. The only thing I see different in these two guys is the eyes. The eyes themselves are a little bit different, but I do say that this (points to the face on the right) is Carlos Hernandez and this person right here (points to the face on the left) looks a lot like him but, like I said, it would be at maybe a younger age. The only thing different I see is the eyes.
See Videotaped Interview Exhibit B (Eddie Garza Videotaped Interview Exhibit #16).
Transcribed Videotape Interview with Eddie Garza, Corpus Christi Police Detective in Corpus Christi, Texas (Dec. 6, 2004) at 00:19:12–00:20:17.
The difference in the eyes is a recurring theme with regard to Carlos Hernandez. See Transcribed Videotape Interview of Eddie Garza, Corpus Christi Police Detective, in Corpus Christi, Texas (Dec. 5, 2004) at 01:43:14–01:44:45:
Q. Mr. Garza, would you compare Carlos DeLuna to Carlos Hernandez.
A. Carlos DeLuna was not the type of violent person that I knew. He was sort of mild, like I said, he was slow in thinking. And comparing him to Carlos Hernandez: Carlos Hernandez, you would look at the guy, and you look straight in his eyes and you could see that cold, cold person, like he could stare straight through you. And it was a sort of a frightening, mean look that Carlos Hernandez had. Compared to Carlos DeLuna, it was totally different. The eyes were totally different. You can tell a person, when a person has meanness and a person is violent, you can see it right straight in the eyes. I handled many, many criminals, and you get a cold feeling when you look at a person like that that has a sordid stare. Carlos DeLuna was not that type of person. You could talk to him and he would look you straight in the eye. You wouldn't feel threatened. You look at Carlos Hernandez and you look at him straight in the eye, you kind of feel a threat there. That's how I compare them.