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Wilson v. State6/20/2003
over and realized that Wilson's gun had failed to fire. He then ran to the back passenger side of his patrol car. As he peered from behind his patrol car, Hancock saw Wilson "messing with his gun" as if he were trying to "put another round in his gun." Hancock repeatedly yelled at Wilson to drop his gun. Wilson raised the gun again and fired at Hancock. Hancock testified that he heard a shot fired, but he did not see muzzle fire. Hancock told him to drop the gun. Wilson started backing up, and Hancock shot at him several times. After Hancock began shooting, Wilson took off running down a fence line. Hancock ran around to the driver side of Wilson's car to check on Salinas, and told her to get down.
Two other eyewitnesses corroborated Hancock's testimony. Salinas testified that at some point after Hancock asked Wilson to get out of the car, she saw Wilson come to the front passenger side of the car, pull the gun out, and fire at the officer. After Wilson shot at the officer, Wilson ran off towards a field. Salinas had drank two 24 ounce bottles of beer that night prior to the incident. On cross-examination, Salinas stated that she heard Wilson fire three or four shots at Hancock. She also said that Hancock did not shoot at Wilson until Wilson ran.
Another eyewitness, Eleazar Guadalupe Gamez ("Gamez") testified that he saw Wilson pull out his gun first and point it at Hancock. Gamez, who had been drinking with friends since 4:00 p.m. in the afternoon, was outside when he saw that a police officer had stopped a car. He saw Wilson step out of the car. When the police officer started to walk back to his car, Gamez saw Wilson take out a gun and shoot at the police officer once or twice. Gamez stated that Wilson was shooting at Hancock from the front passenger side of his vehicle, and Hancock was hiding behind his car. He said that they were exchanging gunfire, and he could see the flash of gunfire from Wilson's gun, but not from the officer's gun.
Hancock testified that after Wilson took off, he went back to his patrol car to retrieve his flashlight and began chasing Wilson. Hancock testified that he did not shoot at Wilson while he was chasing him, and he did not recall Wilson shooting at him. Hancock lost sight of Wilson when he reached an "L" shaped corner of the fence. At this point, Hancock turned off his flashlight, turned down his radio, and slowly approached the corner. Shining his flashlight around the corner, Hancock saw Wilson limping before he disappeared between the fence and an abandoned house. Hancock moved to a position where he could see Wilson's feet protruding out from behind the house. Wilson pointed his gun again at Hancock. Hancock yelled at him to drop his gun and then fired off two more rounds in Wilson's direction. Another police officer, Officer Humble ("Humble"), came to assist Hancock. Hancock testified that when he fired the last shot, he thought he finally hit Wilson because Wilson threw the gun out in front of him. Hancock and Humble formed a V and walked towards Wilson. As Hancock continued shining his flashlight on Wilson, Humble and another police officer, Officer Doyle ("Doyle"), handcuffed Wilson. Neither Doyle nor Humble fired their weapons that night. Humble threw Wilson's .380 semiautomatic six to ten feet away so that Wilson would not be able to grab it while they handcuffed him. Humble noticed that the gun was double fed, meaning it had two live rounds simultaneously jammed in the barrel.
Several eyewitnesses testified that they saw Wilson running backward and shooting at Hancock. Gilbert Cuellar, a transport driver for Mrs. Baird's Bakery, was working the night shift the night of the incident. As he was waiting for his truck to be loade
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