Key witness contradicts shooting theory

Friday, Aug. 13, 2004 | 9:13 a.m.

Defense attorneys representing a man on trial for a murder he allegedly committed 12 years ago pressed a Metro Police crime scene analyst into explaining the theory of how the crime was committed, a theory that contradicts the accounts of a key witness.

Crime scene analyst Michael Perkins said investigators believed Erasmo Pena, 38, shot and killed Marcos Valenzuela, 21, on Nov. 30, 1991, as Valenzuela was backing out of the driveway of a house where he had been attending a birthday party.

Perkins said according to the theory the first of six shots allegedly fired by Pena occurred as Marcos Valenzuela backed his Ford Escort out of the driveway in the 6100 block of Westwind Road, which 12 years ago was a rural area with no paved roads or streetlights. He said the other five shots were taken as the car drove out of the driveway and down the street as it passed who fired the shots.

The investigators' placement of the shooter in the driveway of the house contradicts the testimony eyewitnesses gave Wednesday. Other people who were in the car with the victim had testified that Pena was waiting down the street for the car and jumped in front of it before starting to shoot.

Perkins said from his investigation he was positive that none of the six shots fired at the car were taken directly through the front windshield of the car. Garcia testified she saw Pena jump in front of the car and "started shooting at us."

Perkins, however, did testify "the potential for the shooter to have moved during the shooting and for the car not to be backing up" did exist. .

Perkins also testified more than one shooter could have been involved. The people who had been in the car had testified there was only one gunman: Pena.

Perkins also had to defend the methods used in the murder investigation. Pena's lawyers alleged the investigation was not thorough.

Perkins said although a diagram was not created for the scene of where the actual shooting occurred, a diagram was made of where the vehicle came to a rest and were the body was found, which, he said, "for us is the crime scene."

Perkins admitted closer photographs of the bullet holes in the car should have been taken to determine whether they were entrance or exit holes, but said it would not have assisted investigators much in determining who the shooter was.

Additionally, Perkins said, too many variables existed to determine how far away the shooter was standing and also how tall he might have been.

Perkins said the trajectory rods used by investigators only assisted the investigators in determining where the bullets impacted the vehicle and the final impact of the bullet inside the vehicle, but could not pinpoint where the gun was being fired from.